1.      About the Privacy Statement

The purpose of this FitNest Privacy Statement is to set out, in a clear and transparent manner, the nature of the personal data we collect, and to explain how we process it. It applies to the following persons:

• All current customers and active prospects of FitNest.

• Any person involved in any transaction with FitNest, whether on their own behalf or as a representative of a legal entity (e.g., a corporate officer, legal representative, operational personnel, etc.).

 

Personal data" refers to all information about you or that can be linked to you. By "processing" we mean all uses of the data in question, such as collecting, recording, storing, using, accessing, modifying, disclosing, transferring or deleting. You share your personal data with us by:

• Becoming a customer;

• Registering for our services (online);

• Filling out a form (online);

• Signing a contract;

• Using our products and services; or by

• Contacting us through one of our channels. 

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2.      What kind of data do we process about you?

The personal data we process includes:

• Identification data: surname, first name, date and place of birth, e-mail address and IP address of your computer or mobile device, home address, telephone number.

• Transaction data: credit card number, location, date and time of transactions.

• Socio-demographic data: age, gender, language. 

• Data about your online behavior and preferences, IP address of your mobile device or computer, pages visited on the FitNest website, type of device, OS and browser used.

• Data about your needs and interests that you share with us, for example by completing an online survey that is not anonymous.

 

Sensitive data
We do not process any sensitive data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership.

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3.      What do we do with your personal data? 

Your personal data is only used on the basis of one of the following legal grounds:

• To enter into and perform a contract with you; 

• To comply with our legal obligations; 

• To serve our legitimate interests. Such data processing may be necessary to maintain good business relations with our customers and other data subjects. We may also process your personal data to prevent and combat fraud and to maintain the security of your transactions and operations conducted by FitNest ; 

• Where you have given your consent. In this case, you may withdraw your consent at any time. 

• We may process your personal data for the following purposes:

• Customer file management. For example, if you wish to become one of our customers or users of our services, we may be required by law to collect some of your personal data (such as a copy of your identity card or driver's license or other supporting documents) in order to perform the service ordered from us. In addition, we also need your address or telephone number in order to contact you.

• Provision of products and services. In particular, we use your data to determine whether you are eligible to use certain products and services.

• Customer relationship management. We may ask for your feedback on our products and services in order to improve them. We may also use notes from our online, telephone or in-person conversations to provide you with customized products and services.

• Personalized marketing based on profiling. Depending on your profile and the services you use, you may receive offers for products or services based on your particular circumstances or personalized offers. You may opt out of receiving these personalized offers at any time.

• Improving and developing our products and services. Analyzing your use of our products and services helps us understand you better and provides us with opportunities for improvement. For example,

  • We use transactional data to better understand the use of our services in order to improve them. 

  • We analyze the results of our marketing activities to assess their effectiveness and the relevance of our campaigns. 

• Fraud prevention and detection, data security. We have a duty to protect your personal data and to prevent, detect and manage any data loss.

• Internal and external reporting. We process your data as part of our operations to make decisions about our activities and services. In this case, the data is anonymized.

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4.      To whom do we pass on your data? For what purposes?

In order to provide the best possible service and to remain competitive, we share certain data within and outside of FitNest.

Service Providers: When we use service providers, we share only the personal data they need to perform their job for FitNest. Service providers assist us in activities such as:

• Design and maintenance of web-based tools and applications;

• Marketing activities and events, management of communication with customers;

• Preparation of reports and statistics, printing of documents and product design;

• Placement of advertisements on applications, websites and social networks.​

 

5.      Your rights and their respect

We respect your individual rights to determine how your personal data is used. Specifically, your rights are as follows: 

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Right of access to information 
You have the right to inspect the personal data that FitNest processes about you. 

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Right of rectification
If your personal data are inaccurate, you have the right to ask us to rectify them. If we have passed on your personal data to a third party and the data is subsequently rectified, we will inform the third party of the rectification.

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Right to object to processing
You may object to FitNest processing your personal data for its own legitimate interests (e.g. marketing). We will consider your objection and determine whether the processing can be justified on compelling legitimate grounds. If not, we will stop the processing.

 

You can also object to the sending of our commercial messages (by e-mail, post or telephone) or to the use of your data for statistical purposes.

However, you cannot object to the processing of your personal data:

- When such processing is legally required;

- If it is necessary for the performance of a contract with you;

 

Right not to be subjected to automated decisions 
You have the right not to be subject to decisions based on automated processing using your personal data and affecting you legally or significantly. In such cases, you may request the involvement of a person in the decision making process.

Some of our decisions are based on automated systems when you have given us your explicit consent or, in cases where these decisions are necessary to enter into or perform a contract with you. In both of these cases, you can only request human intervention to challenge the resulting decision. However, you will not be able to object or challenge automated decisions if they have been made for legal or contractual reasons. 

 

Right to limit processing
You have the right to ask us to limit the processing of your personal data for the period necessary for FitNest to carry out its checks if:

- You believe that the information is inaccurate or that we are processing it unlawfully ; 

- You have objected to the processing of your data for our legitimate interests.

You have the same right if you want us to retain your data for a longer period than necessary for you to exercise your legal rights. 

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Right to data portability 
You have the right to ask us to transfer certain personal data. This right applies to personal data that we process by electronic means, either with your consent or on the basis of a contract with you. Where technically possible, we will ensure the transfer of your personal data.

 

Right to be forgotten 
You have the right to ask us to delete your personal data, with legal exceptions, if: 

- We no longer need it for the original purpose; 

- You withdraw your consent for us to process it; 

- You object to our processing of your data for our legitimate interests (unless FitNest has a compelling legitimate reason to do so) or to send you marketing messages;

- FitNest processes your personal data unlawfully; 

- A European Union law or a European Union member state requires FitNest to delete your personal data. 

 

Right to complain 
If you are not satisfied with our response to your concerns, you have the right to complain to us. If you are not satisfied with our response to your complaint, you may contact FitNest's Data Protection Officer at dp@FitNest.be. You are also free to contact the Luxembourg Data Protection Authority. 

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Exercising your rights 
If you wish to exercise your rights, you have the possibility to access your data, to request changes or to modify yourself some of your personal data by logging in to your session on our customer portal. 
You can also exercise your rights by contacting us (see section 10).

We will do our best to respond to your request as soon as possible. In some cases, the response time may be one month. If we need more time to respond to your request, we will inform you of the reason for the additional time. For legal and/or contractual reasons, we may refuse your request.

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6.      Your duty to provide data

In order to fulfill our regulatory and contractual obligations, we must have certain information about you. Without it, we may not be able to perform certain services.

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7.      How do we protect your personal data?​

In order to ensure the security of your data, we implement minimum internal policies and standards for all our activities. These are regularly updated to reflect the latest regulations and market developments. Specifically, and in accordance with the law, we take the necessary technical and organizational measures (policies and procedures, IT security, etc.) to ensure the confidentiality and integrity of your personal data and processing.

In addition, FitNest employees are subject to an obligation of confidentiality and, with certain exceptions, are not authorized to disclose your personal data.

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8.      What can you do to help us protect your data?

While we do our best to secure your data, we recommend that you consider the following measures to secure your data on your end:

• Install anti-virus software, anti-spyware, and a firewall. Keep these programs up to date. 

• Don't leave your equipment and access devices (e.g. credit cards) unattended. 

• Log out of online applications when you are not using them. 

• Keep your passwords strictly confidential and use complex passwords (avoid easy-to-guess letter and number combinations) 

• Stay vigilant on the Internet and learn to spot suspicious activity, such as site address changes or phishing emails asking for personal information 

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9.      How long do we keep your personal data?

We are allowed to keep your personal data only for as long as it is needed for the purposes for which it was collected. After that time, we consider various alternatives, such as archiving.

When assessing the length of time we retain your personal data, we must also take into account retention requirements that may be stipulated in other applicable laws. We may also retain your personal data as legal evidence in the event of litigation, but we will not actively use it.
As a result, retention periods are not universal and may vary depending on the circumstances.

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10.  Nous contacter​

To learn more about FitNest's data policies and our use of personal data, contact us in the first instance via email at info@FitNest.lu.

 

If you are not satisfied with our response to your complaint or if you wish to receive more information about this Privacy Statement, you may submit a written request to FitNest's Data Protection Officer by email to dp@FitNest.lu. 

 

When you contact us, we must of course identify you in order to process your request.

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11.  Scope of the Privacy Statement

The present document constitutes the Privacy Statement of FitNest acting as Data Controller.

FitNest - 61 Avenue Pasteur, L2311 Luxembourg - Internet: www.FitNest.lu. Responsible editor : Alain Devresse.

We reserve the right to modify the present Privacy Statement to remain in conformity with the evolutions of the law and/or to reflect the processing of personal data carried out by FitNest. This version was created in August 2021 and becomes effective in September 2021. The most recent version is available on FitNest.lu.