Privacy Policy

ECHELON - EU & UK Privacy Notice

PRIVACY NOTICE

Last updated [25/11/2020]

Thank you for choosing to be part of our community at Echelon Fitness UK Limited (“Echelon”, “we”, “us”, or “our”). We are committed to protecting personal data that concerns you, and your right to privacy. 

Personal data is any information about you or relating to you from which we are able to identify you, or where you can be identified by other means available to us.

This Privacy Notice sets out the types of personal data we process, the purposes for which it is processed, and other information including your rights under the EU General Data Protection regulation (GDPR), the Data Protection Act 2018, and other applicable laws ("Data Protection Laws"). It applies to all personal data concerning individuals located in the UK or EU and processed in relation to:

  • our websites, such as http://www.echelonfit.uk;
  • mobile apps, including the Echelon Fit app provide d through Google Play and the App store; 
  • Products and accessories marketed by Echelon Fitness, including servicing and maintenance of those products, and any data services associated with these products, and/or  
  • any related services, sales, marketing or events provided by us.

In this Privacy Notice, when we say "the Services", we mean all or any of the above.

We hope you take some time to read this Privacy Notice carefully, or at least the summary information below. It is important and will help you make an informed decision about sharing your personal data with us.

Residents of California If you are a resident of California, State law allows you certain rights regarding your Personal Information. You can find out more by reading our California Privacy Notice, which complements the terms of this Privacy Notice, here [insert link, and ensure a reciprocal link from the CA Privacy Notice – SMR]

 

 

 

Summary Information 

The following is a very short summary of the information contained in this Privacy Notice. It is provided for your ease of reference but is not intended to replace the full information which follows.

  1. WHAT PERSONAL DATA DO WE COLLECT?

This can include your name, address and other identification details, location, IP address, data relating to your use of the Services, and data relating to your health.  

  1. HOW DO WE OBTAIN YOUR PERSONAL DATA?

We obtain personal data either directly from you, from you through your use of the Services, or from third parties where you provide them with personal data in connection with your use of the Services.

  1. HOW DO WE USE YOUR PERSONAL DATA?

Where we process your information as a controller, it is for the purposes necessary for providing the Services, which may include of fulfilling a contract between us, compliance with our legal obligations, certain purposes that are required to further our legitimate business interests, or for any other purpose where we have your consent.

  1. WILL YOUR PERSONAL DATA BE SHARED WITH ANYONE?

We only share information with your consent, to comply with laws, to provide you with the Services, to protect your rights, or to fulfil business obligations.

  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

Our websites use cookies and similar tracking technologies to collect and store your information with your consent.

  1. IS YOUR PERSONAL DATA TRANSFERRED INTERNATIONALLY?

Some of your personal data will be transferred to the US for processing by our US affiliate. Your information will be kept secure and your rights and freedoms protected.

  1. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We only keep your personal data as long as you give your consent, or for as long as we have another lawful reason to process your personal data.

  1. HOW DO WE KEEP YOUR PERSONAL DATA SAFE?

We protect your personal data through the application of various organisational and technical security measures.

  1. WHAT ARE YOUR RIGHTS?

You have a number of rights under the Data Protection Laws, including the right to access your personal data, to withdraw your consent, or to object to further processing. 

  1. UPDATES TO THIS PRIVACY NOTICE

Major updates to this Privacy Notice will be provided to you by email, through the mobile app, or by notice on the website. Minor updates will be made by updating this Privacy Notice online.

  1. CONTACT DETAILS

If you have any questions or concerns about our notice, or our practices with regards to your personal data, please contact us at CS@echelonfit.uk, or 88 Crawford Street, London, England, W1H 2EJ.

 

  1. WHAT PERSONAL DATA DO WE PROCESS?

We may process data about your use of the Services ("Usage Data"). The Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use and inferences gained from analyzing your data as far as they related to the Services. The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purposes of analysing your use of the Services.

We may process your account data ("Account Data"). The Account Data may include your name and email address. The Account Data may be processed for the purposes of operating our website, providing the Services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. 

We may process your information included in your personal profile on the Services ("Profile Data"). The Profile Data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you visit our studios and/or showrooms, participate in live or web-based studio classes and/or call our member support or inside sales teams. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, Echelon fitness equipment and Echelon applications may contain a camera, microphone and voice control features. These features are in use only when activated by you, for example, to take a user profile photo or to initiate or accept a video chat from another user. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. 

We may process your personal data that is provided during the use of the Services ("Service Data"). The Service Data may be processed for the purposes of operating our website, providing the Services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. 

We may process personal data that you post for publication on or through the Services ("Publication Data"). The Publication Data may be processed for the purposes of enabling such publication and administering the Services. 

We may process personal data contained in any enquiry you submit to us regarding goods and/or Services ("Enquiry Data"). The Enquiry Data may be processed [for the purposes of offering, marketing and selling relevant goods and/or services to you. 

We may process personal data relating to our customer relationships, including customer contact information ("Customer Relationship Data"). The Customer Relationship Data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The Customer Relationship Data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our Products and Services to customers. In all cases this processing will be carried out in accordance with applicable law on electronic marketing.

We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through the Services ("Transaction Data"). The Transaction Data may include your contact details, your card details and the transaction details. The Transaction Data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. 

We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("Notification Data"). The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. 

We may process information contained in or relating to any communication that you send to us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. The Services will generate the metadata associated with communications made using the Services’ contact forms. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping.

Some of the personal data you provide or generate when using the Echelon Fit app, for instance your height, weight, age and biometric data including your heartrate, which relate to your physical health and wellbeing, may fall under the special category for which the Data Protection laws require enhanced protection and the identification of a more specific lawful purpose ("Sensitive Data"). We will only process Sensitive Data with your explicit consent, and never for purposes to which you have not consented. 

We also process data gathered through the use of cookies (see paragraph 5.)

 

We may combine any of these categories of data in order to develop the Services. 

 

  1. HOW DO WE OBTAIN YOUR PERSONAL DATA?

Most of the personal data we process is provided to us directly by you, and some we obtain through your use of the Services. We also may obtain personal data concerning you from third parties including:

  • Google or Apple through your use of Google Play or the App Store;
  • certain other business partners when you provide information to them in relation to your use of the Services, and provider of services that we integrate into the Services either for the provision of the Services or to facilitate your access to the Services; and/or
  • Facebook, Instagram, Google or others where you choose to access or register for the Services through the use of your third-party social media account, such as [example needed SMR]. If you select this option, your social media provider may make certain of your personal data available to us, such as your email address or other unique identifier or we may be asked to share certain information with such social media provider. We recommend that you review your social media provider’s privacy policies carefully before using their service to connect to the Services. 
  1. HOW DO WE USE YOUR PERSONAL DATA?

We use personal data for a variety of “Business Purposes” set out in this paragraph 9. We process your personal data for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent (for Sensitive Data), and/or for compliance with our legal obligations. 

In each case, the lawful basis for this processing is the fulfilment of a contract with you or the pursuance of our legitimate business interest and in some cases both apply. Where another specific lawful basis applies to a type of processing or class of personal data, for instance your consent, this is indicated below.

We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To manage and provide the features of the Echelon Fit mobile app, including the community features. When using the Echelon Fit App, you may provide and/or generate personal data which will be stored on a remote server on your behalf, and you will be able to process this data using the app to monitor your own performance. This personal data might include sensitive or 'special category' data (see below). When you provide, generate and process personal data in this way, you are merely using the Services for processing personal data concerning you on your own behalf, and so Data Protection laws do not imply any obligations in relation to this processing. However, there will be limited circumstances, for instance in relation to use of your data in leaderboards shared with other users of the app, where we will be processing this personal as controller. Except as set out specifically in this privacy notice, such processing will be carried out with your specific consent which will be requested through the app.
  • To service equipment sold and marketed by Echelon Fitincluding upgrades, repairs and modifications and for shipping and logistics purposes to facilitate this.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal data you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.
  • To send administrative information to you. We may use your personal data to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfil and manage your orders. We may use your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services.
  • To post testimonials. We post testimonials on the Services that may contain personal data. Prior to posting a testimonial, we will obtain your permission to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at CS@echelonfit.uk and be sure to include your name, testimonial location, and contact information.
  • Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
  • Support other promotional, social and/or conference activitiesincluding, where appropriate, services and venues (whether physical or virtual) for those activities. 
  • Request Feedback. We may use your information to request feedback and to contact you about your use of the Services.
  • To protect the Services. We may use your information as part of our efforts to keep the Services safe and secure (for example, for fraud monitoring and prevention).
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To enforce our terms, conditions and policies for Business Purposes, legal and regulatory reasons and contractual obligations.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.                    
  • To deliver services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of the Services.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Services, products, marketing, and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal data. [this data is fine to be used on a legitimate interests basis; only health data really requires the Consent basis for EF - SMR]
  1. WILL YOUR PERSONAL DATA BE SHARED WITH ANYONE?

We may need to share your personal data with third parties in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. 

Where your data is shared with third party providers, we will ensure that suitable legal measures are in place to ensure confidentiality and security of personal data.

  1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Third parties may also gather data on you when using our Services (for instance through a browser). Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

  1. IS YOUR PERSONAL DATA TRANSFERRED INTERNATIONALLY?

Our affiliate, Echelon Fitness Multimedia LLC operates the Echelon Fit app and various aspects of the Services that are provided on a global basis. Echelon Multimedia LLC is located and domiciled in the USA and so the bulk of the related processing activities are carried out in the USA. Consequently, personal data that concerns you will be routinely transferred to, stored in, and processed by us in, the USA.

We shall take all reasonable steps to protect the security and integrity of any personal data concerning you, and your rights and freedoms as a data subject, while your personal data is being processed overseas. All such transfers will be made subject to an approved transfer mechanism, which will include at least a Data Transfer Agreement incorporating the Standard Contractual Clauses approved by the EU Commission and the UK Parliament as providing sufficient safeguards for such transfers, and under which you have directly enforceable rights. A copy of the Data Transfer Agreement is available on request.

  1. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will only keep your personal data for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). In general, we will not keep your personal data for longer than 2 years after the termination of your account or stopping your use of the Services.

When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

  1. HOW DO WE KEEP YOUR PERSONAL DATA SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal data we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal data, transmission of personal data to and from the Services is at your own risk. You should only access the services within a secure environment.

  1. WHAT ARE YOUR RIGHTS?

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of processing carried out before consent was withdrawn.

Under the Data Protection Laws you have certain specific rights relating to your personal data which are set out below.  

Please note that not all these rights are absolute, and they do not apply in all circumstances. However, you are always welcome to contact us with any request relating to processing of your personal data and, even if we are not obliged by law to comply with your request, we will do everything reasonable to accommodate your wishes.

      1. Access – you have the right to access your personal data and certain information relating to how and why we are processing it;
      2. Rectification – you have the right to have any inaccurate or incomplete personal data rectified without undue delay;
      3. Erasure – Sometimes called the ‘right to be forgotten’. In certain circumstances, you have the right to have your personal data erased without undue delay;
      4. Restriction - in certain circumstances, you have the right to have the processing of your personal data by us restricted;
      5. Data portability - in certain limited circumstances, you have the right to receive the personal data concerning you that you have provided to us, in a structured, commonly-used and machine-readable format, and the right to transmit those data to another controller without hindrance; and
      6. Objection - in certain circumstances, you have the right to object to the processing of your personal data carried out by us or on our behalf.

If you think we have not complied with the requirements of the law as it applies to your personal data, you have a right to lodge a complaint with any data protection supervisory authority. The Supervisory Authority in the UK is the Information Commissioner’s Office (ICO): casework@ico.org.uk or 0303 123 1113 / +44 1625 545 700; www.ico.org.uk.  

You can find details EU Supervisory Authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

If you have questions or comments about your privacy rights, you may email us at CS@echelonfit.uk 

  1. UPDATES TO THIS PRIVACY NOTICE

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes on the website or by sending you a notification through the mobile app. We encourage you to review this privacy notice frequently to be informed of how we are processing and protecting your personal data.

  1. CONTACT DETAILS

If you have questions or comments about this policy, you may email us at CS@echelonfit.uk  or by post to:

Echelon Fit UK Ltd 

88 Crawford Street

London W1H 2EJ

United Kingdom

[Add Contact Details of Data Protection Officer, if appropriate SMR]