Privacy policy

As new technologies emerge, it is essential to pay particular attention to the protection of privacy. This is why we, a company legally incorporated under the name “Éconofitness,” with our registered office located at 1040 Michèle-Bohec Blvd, Suite 300, Blainville, Quebec, J7C 5E2, Canada (hereinafter referred to as “Éconofitness” or “we”), take the privacy of users of our online services and facilities (hereinafter “you,” “In-person User” [meaning a person who uses the Gym], “Web User” [meaning a person who uses the Éconofitness Platform] or “User” [where applicable to both In-person Users and Web Users]) and the protection of their personal information seriously.

This privacy policy (hereinafter the “Policy”) describes:

1. The information we may collect and from whom
2. How and with whom we share your information
3. What your rights are regarding your information and how to exercise them
4. What our security measures are for your information
5. What other terms and conditions accompany this Policy
6. How we may change this Policy
7. How to contact us if you have a question, comment or request

Éconofitness will not collect, use or disclose your personal information other than in accordance with this Policy and the applicable laws of Canada and Quebec.

Please read this Policy carefully to understand our policies and practices regarding your personal information. If you do not agree with our policies and practices, you must stop using our Platform and/or Gyms. By accessing or using this Platform or our Gyms, you indicate that you understand, accept and consent to the practices described in this Policy.

Policy Scope
This Policy applies to the information we collect, disclose, store and process about you:

• On our website (https://econofitness.ca), customer portal, social media pages, accounts, networks, electronic archives or all applications designed and operated by Éconofitness (hereinafter the “Platform”)
• When accessing and once inside our gyms (hereinafter the “Gyms”)
• In emails, texts, forms and other electronic messages between you and Éconofitness
• Through video calls, telephone calls or written or verbal discussions with Éconofitness staff
• When interacting with our forms, including registration forms, advertisements and applications on third-party websites and services
• When participating in contests, sweepstakes or surveys organized by or on behalf of Éconofitness

The Platform or Gyms may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on these links or activating these connections may allow the third party to collect or share information about you. If you follow a link to a third-party website or activate a third-party plug-in, please note that these third parties have their own privacy policies and that we have no responsibility for their privacy practices and policies. We do not control these third parties, and we encourage you to carefully read the privacy policy of each third party you visit.

You can obtain more information about our practices and withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice, by contacting our Privacy Officer at vieprivee@econofitness.ca. However, without consent to process your personal information, Éconofitness may no longer be able to provide you with the requested services.

Éconofitness prohibits anyone from providing personal information about others, unless they have the necessary written authorization to do so, including all necessary consents from such third parties in order for Éconofitness to process them in accordance with this Policy.

Éconofitness collects the following personal information about you. It is important that the personal information we retain about you is accurate and up to date. Please keep us informed of any changes to your personal information. The law gives you the right to request access to the personal information we retain about you and to correct it.

The Online Platform also uses cookies. Disabling the cookies using browser settings could prevent access to certain features offered on the Platform.

Cookies enable us to offer Users content tailored to their profile. Users can activate this feature when entering the Platform via the dedicated banner.

People from whom personal information is collected:

The User’s personal information may be collected:

• Directly from you through forms and communications, including:
  • Request forms for free trials, registration for our services, surveys, contests, friend memberships
  • Email communications
  • Telephone (calls)
  • Telephone (text messages)
  • Letters
  • Interviews with Éconofitness staff
  • Your member account on the Platform
• Through our Platform, web beacons and cookies
• Through our connected equipment
• Through audio recordings and video surveillance images

Éconofitness’s legal basis for processing the User’s personal information may be one or more of the following :

• The User’s consent
• When it is necessary for Éconofitness to fulfill its legal obligations
• When it is necessary for the execution of a contract between the User and Éconofitness or before entering into a contract at the User’s request
• When it is necessary to safeguard the vital interests of the User or another person
• When it is based on a legitimate interest such as:
  • To ensure the security of the Platform, its network and data
  • To prevent fraud
  • For commercial prospecting operations with the User
  • For internal administration purposes

Éconofitness takes the sharing of your personal information very seriously. In some situations, personal information may be shared with the company’s partners, applications, websites, or third-party integrations on or using our Platform and for law enforcement or legal requests.

The categories of people to whom User information may be transferred are as follows:

• Registration, payment and customer relationship management providers
• Platform and Gym surveillance and security providers
• Administrative, legal and accounting support providers
• Service providers ensuring compliance with applicable laws and regulations
• SEO service providers for optimization and enhancement of the Platform and Gyms
• Business partners for organizing advertising campaigns, surveys, contests, special offers or other events or activities related to Éconofitness or the Platform
• Partners, government agencies and regulatory authorities, judicial bodies, associates, agents, lawyers or other representatives for the purpose of complying with legal obligations we are subject to or for the establishment, exercise or defence of legal rights, whether in judicial proceedings or in administrative or extrajudicial proceedings
• Partners and affiliates who wish to better understand our Users and their interests by providing them with aggregate User-based information
• Any other person permitted and/or imposed by law

The User understands that Éconofitness may at any time share their personal information in the event of a partial or total transfer of its business to a third party. In such a case, the transferred information, as assets of Éconofitness, will be subject to the same guarantees as those of this Policy.

Your personal information may be transferred and stored outside Quebec, in particular, in the United States or Europe, where the servers of some of our service providers are located.

If the User does not wish for their personal information to be communicated to third parties or partners, they may object at any time by contacting the Privacy Officer. However, Éconofitness may no longer be able to provide the requested services.

Your principal rights under the Personal Information Protection Law are:

• Right to access
• Right to rectify
• Right to de-index
• Right to restrict processing
• Right to object to processing
• Right to personal information portability
• Right to file a complaint with a supervisory authority
• Right to withdraw your consent

You have the right to obtain confirmation as to whether we process your personal information and, if so, to access the personal information and certain additional information. This additional information includes details about the purposes of the processing, the categories of personal information concerned and the recipients of the personal information. Provided that it does not interfere with the rights and freedoms of others, we will provide you with a copy of your personal information. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

In certain circumstances, you have the right to have your personal information erased within a reasonable period of time. These circumstances include: the personal information is no longer necessary for the purposes for which it was collected or is being processed in a different way, you withdraw your consent on which the processing is based, you object to the processing under certain applicable privacy rules, the processing is for direct marketing purposes, the personal information has been unlawfully processed. However, there are exclusions that pertain to having your personal information erased. General exclusions include the following cases where processing is necessary:

• To exercise the right to freedom of expression and information
• To comply with a legal obligation
• To establish, exercise or defend legal rights

It is important that the personal information we retain about you is accurate and up to date. Please notify us of any changes to the personal information we retain about you.

If you wish to review, verify, correct or withdraw your consent to the use of your personal information, you may also email us at vieprivee@econofitness.ca. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, but we will notify you of this fee in advance.

Moreover, we will provide you access to your personal information subject to the exceptions provided for by applicable privacy law. Here are some examples of these exceptions:

• Information protected by professional confidentiality
• Information that is part of a formal dispute resolution process
• Information about another person that would reveal their personal information or confidential business information
• Information where the cost of providing it would be prohibitive

If you are concerned about how we process your information or wish to correct the information you have provided to us, you can contact our Privacy Officer at vieprivee@econofitness.ca.

Right to withdraw your consent. When you have given your consent to the collection, use and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at vieprivee@econofitness.ca. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact of withdrawing your consent to help you make your decision.

Requests related to your personal information. We may ask for specific information to help us confirm your identity and your rights under applicable laws, and to provide you with the personal information we retain about you or make the changes you request. Once you have asserted your rights regarding your personal information, we will process your request within thirty (30) days, in accordance with the law. If the process takes longer than thirty (30) days, you will be informed.

Applicable privacy laws may allow or require us to refuse to provide you with access to some or all of the personal information we retain about you, or we may have destroyed, erased or made your personal information anonymous in accordance with our information retention obligations and practices. If we cannot provide you access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions.

Security

The personal information that Éconofitness collects is kept in a secure environment. Éconofitness has adopted appropriate measures to preserve the confidentiality of personal information and to protect it from loss or theft, as well as unauthorized access, disclosure, copying, use or modification, taking into account, in particular, its sensitivity and the purposes for which it is used. Additionally, Éconofitness requires each employee, agent or representative of Éconofitness to comply with this Policy.

Éconofitness is committed to maintaining a high degree of security by integrating the latest technological innovations to ensure the confidentiality of the User’s transactions, to protect their personal information and to prevent it from being accessed, used or disclosed without authorization.

However, as no mechanism offers maximum security, there is always an element of risk when the internet is used to transmit personal information. If a password is used to protect the User’s account and personal information, it is their responsibility to keep it confidential.

Éconofitness maintains an up-to-date privacy incident log and will contact any User whose personal information is the subject of such an incident and presents a risk of serious harm.

Retention

The User’s personal information will not be kept beyond the reasons for which it was collected. Éconofitness respects the retention period established by this Policy, which complies with the Privacy Act.

Anti-spam

Éconofitness complies with the requirements of Canada’s Anti-spam Legislation (CASL). The User understands that they may expressly or tacitly consent to receive messages from Éconofitness. Consent may be withdrawn at any time by clicking on an unsubscribe link at the bottom of all electronic messages.

Automated decision-making

Éconofitness does not process any personal data by automated means, and it does not use your personal information for automated decision-making purposes.

Children under 14

Our Platform and Gyms are not intended for individuals under the age of 14. No one under the age of 14 may provide personal information in our Gyms or on the Platform without parental consent. If you are under 14, do not use or provide any personal information on this Platform, or on or through any of its features. Do not register on the Platform, make purchases through the Platform, use the interactive or public comment features of the Platform or provide us with any information about yourself, including your name, address, telephone number, email address or username. If we learn that we have collected or received personal information from minors under 14 without parental consent, we will delete that information. If you believe we have information from or about a person under 14, please contact us at vieprivee@econofitness.ca.

Video surveillance

We process information from video surveillance of entrances, reception, equipment areas and training rooms. However, no cameras are located in sensitive areas such as the locker rooms or showers.
Please note that all our Gyms are monitored 24 hours a day by surveillance cameras. Éconofitness reserves the right to ask its employees and subcontractors to view the images as necessary.
By entering our Gyms, In-person Users consent to the recording and viewing of their image and waive any claim thereto. Recorded video surveillance images will be stored securely and retained in accordance with applicable laws.

The use of video surveillance systems and the collection and processing of video surveillance images is intended to prevent or detect crime or disorder, apprehend and prosecute offenders (including the use of images as evidence in criminal proceedings), ensure the health and safety of the public and employees, protect public health, our equipment and our assets and ensure compliance with our policies and procedures.

The processing of video surveillance by Éconofitness is necessary in the legitimate interest of monitoring our Gyms as per our policies and to enable legal action to be taken or upheld.
Before installing a camera, Éconofitness will ensure that its use is justified, necessary and proportionate.
Recordings are reviewed for health and safety issues, routine monitoring, suspicious situations or other irregularities.

All images are digitally recorded and securely stored on the system’s hard disks. Images are retained for a short period of time, unless longer storage is authorized by law.

Access to and disclosure of recorded video surveillance images is limited and carefully controlled. Access to and disclosure of video surveillance images is only permitted if it serves the purposes for which the images were collected or is required by law.

Governing law

This Policy is governed by the applicable laws of Quebec and Canada. These laws apply without giving effect to any principle of conflict of laws.

Severability

Each provision of this Policy constitutes a separate whole, such that any provision deemed invalid or unenforceable by a court of law shall not affect the validity or enforceability of any other provision of this Policy.

We occasionally update this Policy. Continued use of the Platform constitutes the User’s agreement to this Privacy Policy and any updates thereto. If we make significant changes to how we process our Users’ personal information, we will notify you by email at the address specified in your account or through a notice on the Platform’s homepage.

However, when the Consumer Protection Act applies, Éconofitness will notify Platform Users thirty (30) days prior to the effective date of these modifications. If the User refuses these modifications and wishes to terminate the contract, they will have no later than thirty (30) days following the effective date of the modifications to send a notice to Éconofitness and resolve, without fees or penalties, their obligations toward Éconofitness.

ou may exercise the rights provided for in this Policy or address any other question or complaint regarding Éconofitness’s privacy practices by contacting us at the following address:

By mail:

Privacy Officer
1040 Michèle-Bohec Blvd, Suite 300
Blainville (Québec)  J7C 5E2
By email: vieprivee@econofitness.ca

We have established procedures for receiving and responding to complaints or enquiries about how we process personal information, our compliance with this Policy and applicable privacy laws. To discuss our compliance with this Policy, please contact our Privacy Officer using the contact information provided above.