These privacy regulations are used by Fit at Home B.V. (Fit at Home) and describes, among other things, which personal data is collected and processed by Fit at Home and for what purpose.
1. DEFINITIONS
a) File: any structured set of personal data, regardless of whether this set of data is centralized or distributed in a functionally or geographically determined manner, which is accessible according to certain criteria and relates to different Customers.
b) Processor: the person who processes personal data on behalf of the Controller, without being subject to his direct authority.
c) Third party: anyone, not a Customer, the Controller, a Processor, or any person who is authorized under the direct authority of the Controller or a Processor to process Personal Data.
d) Services: collective term for all services that Fit at Home is able to provide for the Customer via the Platform, including integrated courses in the field of fitness, health, condition and well-being.
e) Customer: the person to whom personal data relates, in this case a natural person who purchases one or more Services from Fit at Home.
f) Personal data: any data relating to an identified or identifiable natural person.
g) Platform: Fit at Home’s interactive video platform that is accessible, among other places, via www.fitathome.com and through which Fit at Home offers its Services.
h) Regulations: these privacy regulations.
i) Responsible: Fit at Home.
j) Providing Personal Data: disclosing or making Personal Data available.
k) Processing of Personal Data: any act or set of acts relating to Personal Data, including in any case the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of making available, bringing together, relating to each other, as well as protecting, deleting or destroying data directly in/from the administration.
l) Wbp: Act of 6 July 2000, containing rules on the protection of personal data (Personal Data Protection Act).
2. SCOPE
1. These Regulations apply to all fully or partially automated Processing of Personal Data for which Fit at Home is responsible. It also applies to non-automated Processing of Personal Data included in a File or intended to be included therein.
2. These Regulations apply within Fit at Home and relate to the Processing of Personal Data of Customers.
3. RECORDED DATA
1. The Processing of Personal Data relates to personal details, namely name, first name(s), initial(s), gender, date of birth as well as address details (address, zip code, place of residence), telephone number(s), e-mail address (es), IP address(es), login and account information.
2. The Processing of Personal Data also relates to Personal Data concerning the health of the Customer, namely weight, height and waist and hip circumference.
4. PURPOSES OF THE DATA PROCESSING
1. Personal data is only processed by Fit at Home for certain purposes. No more data is collected than necessary for the purpose. The purposes of the Processing of Personal Data with regard to Customers are:
a) proper performance of the provision of Services by Fit at Home;
b) communicating with the Client, including communication for the purchase of Fit at Home’s Services by the Client, communication for marketing purposes, communication about the service and communication about the conditions under which Fit at Home provides its Services;
c) providing information to the Customer as part of Services, including but not limited to information about and analysis of physical properties of the Customer following the purchase of Services;
d) improving the Customer’s user experience, including but not limited to the provision of Services and personalized content;
d) improving the quality of Fit at Home’s Services in general;
e) solving any problems that the Customer encounters when using the Services of Fit at Home;
f) the financial settlement of the provision of Services to the Customer.
2. Personal data can also be processed for purposes other than those mentioned above, in which case Fit at Home will request prior permission from the Customer.
AMENDMENTS
Fit at Home reserves the right to change this disclaimer.
5. BASIS FOR DATA PROCESSING
Personal data will only be processed if:
a) the Customer has given his unambiguous consent to the processing;
b) the Processing is necessary for the performance of an agreement;
c) the Processing is necessary for the performance of a legal obligation;
d) the Processing is necessary to promote a vital/legitimate interest of the Customer.
6. QUALITY OF DATA PROCESSING
1. Personal data shall only be processed to the extent that they are adequate, relevant and not excessive in view of the purposes for which they are collected or subsequently processed.
2. The Personal Data must be correct and accurate, having regard to the purposes for which they are collected or subsequently processed.
THIRD PARTIES
1. Articles from third parties are offered via the Platform. If the items are purchased from these third parties, separate terms (of these third parties) may apply
2. The use of the Platform and the purchase of Services may require the software of the third parties, in which case separate terms and conditions (of these third parties) may apply.
8. EXCHANGE OF DATA
1. Within Fit at Home, Personal Data may be provided to employees of Fit at Home without the Client’s permission, insofar as this is necessary for the performance of their duties.
2. Outside of Fit at Home, Personal Data may be provided without the Client’s consent, if disclosure is necessary to comply with a legal obligation.
3. The Client’s consent is required for the Disclosure of Personal Data to Third Parties, unless the above situations apply or when it is necessary for the implementation of a statutory regulation. If disclosure falls outside the purpose of the Processing of Personal Data, consent must be given in writing.
4. When obtaining Personal Data outside the Customer’s control, the Controller informs the Customer of his identity and the purpose of the Processing of Personal Data. The Responsible Party will inform you of this at the time the data is recorded by the Responsible Party or if the Responsible Party collects the data solely for the purpose of providing it to a Third Party, at the latest at the time of first provision to that Third Party. The Controller will provide further information insofar as this is necessary – in view of the nature of the Personal Data, the circumstances under which it is obtained or the use made of it – to guarantee proper and careful Processing towards the Customer.
5. Paragraph 4 does not apply if communication of the information to the Customer proves impossible or involves a disproportionate effort. In that case, the Controller will record the origin of the data.
9. RESPONSIBILITY FOR PROCESSING AND MANAGEMENT
1. The Controller is responsible for the proper functioning of the Processing and the management of the Personal Data.
2. The Controller ensures that appropriate technical and organizational measures are taken to protect against any loss or any form of unlawful Processing of Personal Data.
10. SECURITY OF PROCESSING OF PERSONAL DATA
The employees of Fit at Home have a duty to maintain the confidentiality of the Personal Data that they become aware of, except insofar as a statutory regulation obliges them to disclose or the necessity for disclosure arises from their task.
11. RETENTION AND DISPOSAL OF PERSONAL DATA
1. Personal data that are no longer necessary for the realization of the purpose for which they were processed will be deleted as soon as possible, unless this data has to be kept longer due to legal obligations.
2. Personal data of a Customer will in any case not be kept for longer than one year after termination of the relationship between Fit at Home and the Customer, unless this data must be kept longer in connection with legal obligations.
3. Deletion of Personal Data implies destruction of the Personal Data or such processing that it is no longer possible to identify the Customer.
12. CUSTOMER RIGHTS
1. Without prejudice to the provisions of the Wbp, every Customer has the rights as formulated in the following articles.
2. There are no costs associated with the exercise of the aforementioned rights for the Client and he can be assisted by an adviser in exercising those rights.
13. RIGHT TO INFORMATION
1. The Customer has the right to contact Fit at Home freely and at reasonable intervals with the request to inform him whether personal data concerning him are being processed. Fit at Home will inform the Customer in writing as soon as possible – but no later than four weeks after receipt of the request – whether Personal Data concerning him is being processed.
2. If data from the relevant Customer has been processed, Fit at Home will provide the Customer with a complete written overview of the processed data as soon as possible – but no later than four weeks after receipt of the request – with information about the purpose or goals. of the data processing, the data or categories of data to which the processing relates as well as the origin of the data. If the Customer so wishes, notifications are also made about the logic underlying the automated processing of data concerning him.
3. An important interest of the Customer may mean that Fit at Home complies with the Customer’s request in a form other than in writing. This form is adapted to the interests of the Customer.
4. Fit at Home may refuse to comply with a request, insofar as this is necessary in the interests of: a) the prevention, detection and prosecution of criminal offences; b) the protection of the Customer or the rights and freedoms of others.
14. RIGHT TO IMPROVE, SUPPLEMENT AND DELETE
1. The Customer may request the Controller to correct, supplement, delete or block Personal Data concerning him if these are factually incorrect, incomplete or irrelevant for the purpose or purposes of the processing or otherwise in processed in violation of a legal requirement. The request contains the changes to be made.
2. The Controller will inform the Client in writing within four weeks of receipt of the request whether – or to what extent – it complies with it. A refusal shall be reasoned.
3. The Responsible Party will ensure that a decision to improve, supplement, remove or block is carried out as soon as possible.
4. If the Responsible Party has corrected, supplemented, deleted or blocked the Personal Data, the Responsible Party will notify Third Parties as soon as possible of the correction, addition, deletion or blocking to Third Parties to whom the data has been provided prior to this, unless this proves impossible or involves disproportionate effort. costs.
5. Upon request, the Controller will provide the applicant, referred to in paragraph 1 of this article, with a list of those to whom he has made the notification.
15. AMENDMENTS AND SUPPLEMENTS TO THE REGULATIONS
1. Changes in the purposes for and method of Processing of Personal Data as regulated in these Regulations, as well as changes in the security obligations or other changes to what is regulated in these Regulations, must lead to amendments or additions to these Regulations.
2. The amendment to these Regulations will be announced to the Customer by the Responsible Party via its website.
16. DISPUTE RESOLUTION
1. In case of disputes about the Processing of his Personal Data, the Customer can submit a complaint to the Controller. The complaint will be handled by the Controller.
2. In addition, in the cases as referred to in Article 46 Wbp, the Customer can turn to the court.
3. In the event of a dispute, the Customer can also contact the Dutch Data Protection Authority with a request to mediate or advise in the dispute between the Customer and the Controller.
17. QUOTE TITLE
These regulations may be cited as “Fit at Home 2016 Privacy Regulations”.
18. FINAL PROVISIONS
In cases not provided for in these Regulations, the Controller will decide, with due observance of the provisions of the law and the purpose and purport of these Regulations.