Éconofitness privacy policy for employees, applicants and directors

The protection of your privacy and personal information is important to us. For this reason, 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 all job applicants, employees and directors of Éconofitness (hereinafter “Candidate,” “Employee,” “Director” or collectively “you”), and the protection of your personal information, very seriously.

This privacy policy for employees, applicants for any position at Éconofitness, as well as directors or members of related committees (hereinafter the “Policy”), describes:

1. The information we may collect and from whom;
2. How and with whom we share your information;
3. Your rights regarding your information and how to exercise them;
4. The measures we take to secure your information;
5. Other terms and conditions accompanying 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. By accepting employment and working at Éconofitness, you indicate that you understand, agree and consent to the practices described in this Policy.
 

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

• On our website (https://econofitness.ca), client portal, social media pages, accounts, networks, electronic archives or all applications designed and operated by Éconofitness (hereinafter the “Platform”);
• In our gyms and offices (hereinafter the “Premises”);
   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, including automated note-taking tools;
• Through mobile and desktop applications that you download from the Platform, which provide a dedicated, non-browser-based interaction between you and our Platform;
• When interacting with our forms, including job postings, advertisements and applications on third-party websites and services;
• When participating in events, sweepstakes or surveys organized by or on behalf of Éconofitness.

The Platform may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on these links or interacting with these features may allow third parties to collect or share information about you. If you follow a link to a third-party website or enable 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 moment, 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 work with you. 

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 this information in accordance with this Policy. 

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

The online Platform also uses cookies that may collect personal information, such as language preference, device configuration, browser configuration, browsing behaviour, device name and geographic location. 

People from whom personal information is collected:

Personal information may be collected:

• Directly from you through forms and communications, including: Application, employment, absence/illness, appraisal, group insurance, background check, access bracelet, disciplinary notice, probation evaluation, performance evaluation, vehicle loan information and expense reimbursement forms;
• Attendance and time sheets, when completed by the employee; 
• Written disciplinary or termination notice;
• Email communications;
• Telephone (calls);
• Telephone (text messages);
• Letters; 
• Interviews with Éconofitness staff;
• Through cookies;
• Through automated note-taking tools at meetings;
• Through video surveillance images;
• Through notes taken by Éconofitness employees or directors.

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

• Your consent;
• When it is necessary for Éconofitness to fulfil its legal obligations;
• When it is necessary for the execution of a contract between you and Éconofitness or before entering into a contract at your request;
• When it is necessary to safeguard your vital interests or those of 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 personnel management operations;
  • For internal administration purposes.

We may share your personal information with other organizations, such as our partners or service providers, and for law enforcement or legal purposes. In such cases, we will endeavour to protect the personal information shared through contracts and written commitments, including requiring such other organizations to adopt good practices and security measures to protect your information. The categories of third parties to whom your information may be transferred are the following:

You understand that Éconofitness may at any time share your 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 you do not wish your personal information to be shared with third parties or partners, you may object at any time by contacting our Privacy Officer.

Your principal rights under the Privacy Act 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: 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, or 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 hold about you is accurate and up to date. Please notify us of any changes to your personal information. 

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 hold 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 deny you access to all or a portion of the personal information we hold about you. We may also have destroyed, erased or anonymized your personal information in accordance with our 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 stored in a secure environment. Éconofitness has adopted appropriate measures to preserve the confidentiality of personal information and to protect it against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, while taking into account 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.

However, since no mechanism offers maximum security, there is always an element of risk when the Internet is used to transmit personal information. 

Éconofitness maintains an up-to-date privacy incident log and will contact you if your personal information is the subject of such an incident that presents a risk of serious harm.

Retention

Your 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. 

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. 

Video surveillance

We process information from video surveillance of the Premises. However, no cameras are located in sensitive areas such as locker rooms, washrooms or showers.

Please note that all our Premises are monitored 24 hours a day by surveillance cameras. Éconofitness reserves the right to view images as required.

By entering our Premises, you consent to the recording and viewing of your 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 are 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 are only permitted if they serve the purposes for which the images were collected or are required by law.

Governing law

This Policy is governed by the 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 your agreement to this Privacy Policy and any updates thereto. If we make significant changes to how we process your personal information, we will notify you by email at the address specified in your account or through a notice on the Platform’s homepage. 

You 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.