1. Identity of the controller
In this privacy statement we, Happy Bodies, explain how we process personal data. Happy Bodies is a trade name of Happy Bodies Support. Happy Bodies is registered in Amsterdam and registered with the Chamber of Commerce under number 71079793.
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], you can contact Happy Bodies:
E-mail: info@happybodies.nl
The representative designated by Happy Bodies is:
R. Morais
2. General
This Privacy Statement distinguishes between the personal data that we process if you visit the Happy Bodies website, if you enter into an agreement with Happy Bodies and the personal data that we process if you use the Happy Bodies App. Which personal data Happy Bodies processes via the website, on the basis of the agreement or via the App can be read in chapter 11.
Happy Bodies would first like to inform you about the legal basis for processing personal data and also clearly inform you for which purposes the personal data are processed.
3. Legal basis
Processing of personal data is only lawful if the processing falls under one of the grounds set out in the Regulation.
Execution of agreement
Happy Bodies processes personal data where necessary for the execution of the membership agreement between you and Happy Bodies.
Permission
Happy Bodies processes personal data that are not necessary for the execution of the membership agreement only if you have given explicit permission for this.
Legitimate interest
Happy Bodies has a legitimate interest in informing you about new services, new branches or other news related to Happy Bodies. Based on this legitimate interest, Happy Bodies will therefore inform you about these topics through direct marketing.
4. Purpose of the processing
Executing an agreement
Happy Bodies processes personal data to execute the agreement.
To improve the service
Happy Bodies processes (personal) data to improve its services. For example, Happy Bodies may request you to participate in customer satisfaction surveys. Your personal data will only be processed after obtaining your consent.
To contact you
Happy Bodies processes your personal data to maintain contact with you. If you contact Happy Bodies through any channel, your personal data will be stored to handle a possible question or complaint.
To comply with a legal obligation
Happy Bodies also processes personal data in order to comply with a legal obligation imposed on Happy Bodies.
5. Information we share
The personal data collected by Happy Bodies will be provided to third parties if this is necessary for the execution of the agreement. For example, Happy Bodies shares personal data with a third party for the management of the membership administration and a member tracking system. (Special) personal data are also stored on servers of Happy Bodies suppliers. For the management of the membership administration and member 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 email address;
Your telephone number;
Your visit frequency;
Your bank details.
The sports equipment supplier processes personal data that are necessary for the execution of the agreement, whereby this data is visible to you and Happy Bodies so that your progress can be tracked. You must give explicit permission for the processing of special personal data. The personal data processed by the sports equipment supplier concerns in any case (and 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;
Any injuries or medical conditions you may have (anamnesis);
Your visit frequency;
Your development with regard to fitness, muscle building, etc.
The personal data you provide will be stored on third-party servers, such as the party that supplies the sports equipment. Personal data will also be stored in (online) software systems of third parties. Happy Bodies has concluded a processing 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.
Happy Bodies will never provide personal data to third parties outside the cases mentioned in this privacy statement, unless you give explicit permission or if Happy Bodies is or is obliged to do so on the basis of a court order or legal provision.
6. Security
Happy Bodies makes every effort to adequately secure collected personal data. Happy Bodies has taken both technical and organizational measures to realize a sufficient level of security of these personal data, given the nature of the personal data to be processed.
The Happy Bodies website is secured with an SSL certificate. All messages sent via the website are therefore sent to Happy Bodies in an encrypted manner.
7. Duration of storage
Happy Bodies will process all personal data that is necessary for the execution of an agreement with you during the term of this agreement. After the agreement between you and Happy Bodies ends, Happy Bodies will retain the personal data for another 12 months. Data that, after Happy Bodies anonymizes it, is no longer considered personal data, such as place of residence, gender and age, is stored for statistical purposes for an indefinite period. This data can never be traced back to you as a natural person.
If Happy Bodies has a compelling reason to do so, Happy Bodies will store your personal data for longer than the indicated term of 12 months after the termination of the agreement between you and Happy Bodies. In that case, Happy Bodies will inform you about the extended duration of the storage of your personal data and the compelling interest that Happy Bodies has in this.
8. Changes to the privacy statement
Happy Bodies is entitled to make changes to this privacy statement at any time. If Happy Bodies decides to change the privacy statement, you will be informed about this via the website.
9. Which personal data does Happy Bodies process?
By providing (personal) data:
Personal data that Happy Bodies obtains through the use of the website will be processed exclusively on the basis of your consent. The personal data provided by you through the website will be processed exclusively to contact you and to inform you about the services provided by Happy Bodies. Happy Bodies will never provide personal data that you provide through the website to third parties, unless Happy Bodies is required to do so by law.
If you fill out a contact form on the website, Happy Bodies will process at least the following personal data:
Your name;
Your email address;
Your phone number.
Social media
If you visit the Happy Bodies website, we may process certain personal data of you if you use social media functions, including the 'Like function' on our website. By liking Happy Bodies on Facebook or other social media, Happy Bodies may gain insight into certain personal data that you have shared via these social media companies. You can obtain more information about the personal data obtained by us via the relevant social media network.
Cookies
Happy Bodies uses (online) software and/or cookies to analyze the use of the website. The following (online) software and cookies are used:
Google Analytics
Happy Bodies uses Google Analytics software to gain insight into website traffic. Happy Bodies does not collect IP addresses via Google Analytics. The information collected by Google is anonymized as much as possible.
The data collected by Google Analytics is transferred to Google servers in the United States. Google complies with the requirements of the Privacy Shield and thus offers an appropriate level of protection.
Agreement
If you enter into an agreement with Happy Bodies, Happy Bodies will also process personal data of you that are necessary for the execution of the concluded agreement. For the processing of personal data that Happy Bodies processes that are not necessary for the execution of a concluded agreement, Happy Bodies will first ask your permission before processing these personal data.
If you enter into a membership agreement or if you have already entered into such an agreement with Happy Bodies, Happy Bodies will in any case request the following personal data from you for the execution of this agreement and process it in order to be able to execute the agreement:
Your name;
Your address;
Your telephone number;
Your gender;
Your date of birth;
Your IBAN number.
In addition to the personal data that Happy Bodies processes for concluding a membership agreement, Happy Bodies also processes personal data if you use the services or facilities of Happy Bodies. Happy Bodies also processes this data in order to properly execute the agreement with you. This concerns at least the following (personal) data:
Your membership number;
The membership you have chosen;
Additional services purchased;
Your preferred location (main location) of Happy Bodies;
How you became a member;
Last and number of visits;
(Un)paid invoices from Happy Bodies;
Data that you have provided via the application.
In order to properly execute the agreement with you, Happy Bodies also processes a number of data about your health, which are considered special personal data under current legislation. Happy Bodies has asked your explicit permission to process special personal data. If you give your permission for the processing of special personal data, including medical data, Happy Bodies will process at least the following data:
Your weight;
Your height;
Your muscle mass;
Your fat mass;
Any injuries or medical conditions you may have (anamnesis);
Your development with regard to fitness, muscle building, etc.
Happy Bodies Application
If you use the mobile phone application developed by Happy Bodies (hereinafter: the App), Happy Bodies also processes personal data that you provide via the App that Happy Bodies will use to execute the agreement with you, such as keeping track of your appointments in the agenda.
When using the App, you will be asked to provide the following personal data, which data will be used to execute the membership agreement and to offer you additional services:
Your name;
Your email;
Your preferred location (main location) of Happy Bodies.
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[1]Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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).