01/07/2022

Privacy Policy

Information regarding the processing of personal data

Energy Services Privacy Statement

Two-minute summary

This is the Privacy Statement of Energy NV, a partnership under Belgian law with registered office at Schoebroekstraat 8, 3583 Paal and with company registration number 0872.287.544 (hereinafter: “ENERGY” or “we”).

We care about your privacy! That’s a fact! Would you like to know whether we live up to our word, but find a Privacy Statement rather boring and too full of legal jargon? So do we!

That’s why we’re giving you this summary that you can read in less than two minutes. It provides you with the necessary information and informs you in no time at all about the way in which we process your personal data at ENERGY.

What should you know? Firstly, we live according to our mantra: you remain the owner of your personal data at all times.

What does ENERGY do?

We want to motivate everyone to consciously choose a healthy, active and fit lifestyle with the services ENERGY has to offer (the “Energy Services”). We help you exercise more and better and improve your mental resilience in life. In order to motivate and support you as much as possible, we offer professional testing and coaching in our labs (the “Lab Services”). You can book these services via our website www.letsmove.com (“Letsmove”) and apps such as Start 2 Run. We also help businesses develop an integrated and sustainable health policy for their employees, supported by our unique online and offline activities via challenges and varied sports events (the “Platform Services”). We offer these platform services in an online environment, where every user has an account (the “Platforms”). With some of our Energy Services, businesses may choose an ambassador programme. As part of this programme, a select number of the customer’s employees will receive training and coaching under our professional guidance to prepare them for reaching a specific goal (the “Ambassador Course”). These people become the voice and face of the course (where applicable on the Platform) and they will be promoting the ‘health virus’ and spread it to the rest of the customer’s employees (the “Ambassadors”).

What information do we collect about you?

· When you create a Letsmove account and then book one of our services and/or buy one of our products (such as a voucher), we collect various personal data, identification data, contact details, personal details and, in some cases, health information. We collect these data to create your account and to be able to provide you with our products and/or services.

· When you perform one or several of our Lab Services in our lab or at your employer, we collect your identification data and contact details, but also a few personal characteristics and health data, in order to provide you with a result that is as accurate as possible.

· When you create an account on one of our Platforms and/or take part in certain challenges and/or events, we collect personal data that enable us to create and manage your account and allow you to take part in certain challenges and/or events. We also process your data to improve interactions with your colleagues, so you can form a team and take part in certain challenges together.

· When you register for and take part in an Ambassador Course, we only collect personal data to determine your physical status and condition and share your experiences and course with the customer’s employees (where applicable on our Platforms).

Why do we collect this information?

· To ensure that you can make the best possible use of our Energy Services.

· For the provision of our services and/or products.

· In order to provide you with a personalised experience with recommendations that match your profile when you visit our websites and Platforms.

· For scientific research, statistical purposes and to improve our services.

Who has access to your data?

· Your personal data will only be used within ENERGY. Your personal data will never be sold or provided to other parties who are not controllers.

· Only specific members of our reliable team have access to the information you give us.

· We also use various suppliers and service providers, such as payment and web hosting services. These parties are legally obliged to ensure your privacy at all times. They may only process the data in accordance with our purposes.

· Only anonymised data - which means that you cannot be identified in any way whatsoever - can be made available to other parties outside of ENERGY, unless you are in agreement or have given your consent to share your personal data with them.

What can you control?

· You can at any time ask us to modify or delete your personal data.

Send us an email via privacy@energylab.be. Please follow the procedure as described under Article 8 of the full Privacy Statement.

· You can also at any time request a copy of all the information that we have collected about you by sending an email to the same address.

How do we protect your personal data?

· We have taken all kinds of security measures at the technical and organisational level.

· Your data is stored on a secured server within the EEA.

· We have implemented internal procedures to ensure the confidentiality of our IT infrastructure and to ensure that it is managed in a responsible manner.

Would you like to know more? Die-hards are invited to read our full Privacy Statement, which explains everything in detail.

Full Privacy Statement

This document describes the way in which ENERGY collects and uses personal data as part of its services. We also explain how we store your personal data and how we protect your personal data against misuse, and what rights you have with regard to the personal data that you have provided to us. This Privacy Statement should be read in conjunction with ENERGY’s General Terms and Conditions, which can be found on our website (www.energylab.be and www.letsmove.com).

The meaning of “Energy Services”, “Lab Services”, “Platform Services”, “Platforms”, “Letsmove”, “Ambassador Course” and “Ambassadors” in this Privacy Statement can be found here.

We collect and process personal data of the users that visit Letsmove, create an account, make an appointment for one of our Lab Services and perform (one of) the tests in our lab or at the customer.

We also process personal data from users of one of our Platforms and/or people who follow an Ambassador Course.

If you create an account on Letsmove and/or one of our Platforms, you must confirm that you have received and read this Privacy Statement. If you do not agree with the processing described herein, you should not continue using Letsmove and/or the Platforms and we won’t be able to supply you with any services.

ENERGY is entitled to consult or use your personal data, either with your explicit consent, for the implementation of the services that have been defined in an agreement, or on any legal basis.

We reserve the right to modify, update or amend our Privacy Statement at any time. You will always find the most recent version on this page, however. We therefore recommend that you check this policy on a regular basis, in order to be sure that you are aware of any changes. If the new Privacy Statement has consequences for the way in which we process the data that we have already collected about you, we will notify you accordingly by email.

1. Scope and purpose of the Privacy Policy

Controller – ENERGY acts as controller of the personal data it collects as part of its services referred to in this privacy statement.

GDPR – We created this Privacy Statement in accordance with 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 (“GDPR”).

Contact – If you have questions about this Privacy Statement, or about the manner in which we collect, use or otherwise process your personal data, please contact us by sending an email to the following email address: privacy@energylab.be.

2. What personal data do we collect?

We can collect personal data that is provided by you or by third parties, insofar as this is necessary or useful for supplying the Energy Services.

We collect a few personal data as part of our Energy Services. Depending on the service you buy from us, we will also collect additional data.

The information collected as part of our services is described below.

Activity	Personal data	Legal basis	Context
General Energy Services	Identification data (name) Contact details (email, address, phone)	· Contractual necessity	We collect these data as part of the services we supply at ENERGY.
Letsmove: Visit to the Letsmove webpage, creating an account, booking an appointment or buying a voucher	· IP address, name · Cookies (see Cookie Policy) · Clicking behaviour, log books · Information regarding your order	· Contractual necessity · Consent for non-essential cookies · Legitimate interests for strictly necessary cookies	We can collect the required data when you visit the website and create an account so you can book an appointment online. We will send you a confirmation email with an overview of your order as well as a link to the sports medical questionnaire that is required to provide you with physical tests.
Lab Services: testing and coaching services at Energy Lab	· Personal details such as date of birth, gender, age, weight, height, language etc. · Health information such as medication, illnesses, heartbeat, diet, BMI, etc.	· Contractual necessity · And, where applicable: explicit consent	We collect these data to find out more about your health and to perform the test under conditions that are as safe as possible. Depending on the test you take, additional personal data are collected to obtain a result that is as accurate as possible and to come up with personalised recommendations.
Visiting the Platforms, creating an account and using our Platform Services	· Nickname · Cookies · Personal details (language, date of birth, gender, avatar or picture, nationality) · Challenges you have been invited to/are taking part in and results such as mileage (via API); Data By Google Fit · Likes, comments and chat messages you put on the Platform · Your browsing behaviour on the Platform	· Contractual necessity · Legitimate interest, i.e. the freedom of enterprise · Consent to link the apps and data you want to share yourself	We collect these data to follow and promote your participation in challenges. We also collect data so you can register for certain events via the Platform. You may opt to use a nickname/avatar if you do not want your name to be visible. Certain data are collected and processed to ensure optimisation of the Platform.
Ambassador Course	· Motivation · Information about your relationship with our customer (e.g. profession and role) · Personal details (language, date of birth) · All data processed as part of the Lab Services	· Consent	We process these data to assess your application to become Ambassador, to get to know you and to share your experiences as Ambassador with other employees of the customer (where applicable on our Platforms).

We collect sensitive personal data (health information, ethnicity) when supplying certain services. We only do this with your express consent, which you will be asked for in a consent form at Energy lab.

You are not obliged to provide us with your personal data, but it is possible that the performance of several services will not be possible if you choose not to provide your personal data, as we will not be able to give you recommendations to safely enjoy the sports activities we have to offer.

The Keep Moving app on Android uses Google Health Connect to send activities registered by Google Health to the Keep Moving platform, so that they can count towards the challenges you participate in. Once you allow the connection between Google Health and the Keep Moving platform, the following data will be sent:

- Start and end time including date
- Activity type (walking, running, ...)
- Distance covered
- Number of steps
- Duration (with and without any breaks)
- Average and maximum speed
- Calories burned
- Any elevation meters
- Daily step

The Keep Moving app on iOS has the same functionality and uses Apple Health Kit.

Direct marketing

Your personal data will be used for direct marketing purposes in two instances: (i) if you have given your explicit prior consent to do so ("opt-in"); and/or (ii) if you have purchased (a) service(s) from us, we will keep you informed of similar or complementary services that may be of interest to you.

Your email address can be removed from our direct mailing list free of charge at any time, without giving any reason, by clicking the unsubscribe button that you can find at the bottom of each promotional email.

3. Why do we process personal data?

We collect and process your personal data in order to provide you with a secure, comfortable and personal experience when using Energy Services.

The information we collect about you is processed mainly to help guarantee a proper technical operation and to improve the quality, safety and content of the Energy Services.

Your personal data is thereby exclusively used for the following (internal) purposes:

Activity	Processing purpose
Energy services	We collect these personal data to be able to identify you and contact you to be able to perform our Energy Services properly.
Letsmove: Visit to the Letsmove webpage, creating an account, booking an appointment or buying a voucher	We collect these personal data to provide you with a better user experience when you visit Letsmove, and to enable us to optimise Letsmove. These personal data are also processed so you can book an appointment online and/or complete your online purchase. The personal data to send a confirmation email are processed to inform you about the details of an appointment and/or purchase as well as to send you the link to the sports medical questions you need to answer before you perform the physical tests.
Lab Services: testing and coaching services at Energy Lab	You have booked one or more tests in our lab. We collect these data to correctly assess your health and perform these physical test(s) correctly and provide you with the necessary analyses (results of the tests, body composition scan, nutritional advice).
Visiting the Platforms, creating an account and using our Platform Services	We collect these personal data to provide you with a better user experience when you visit the Platforms, and to enable us to optimise the Platform Services. We also process these data to give you an overview of the events and challenges you can register for or for which you are already registered. Finally, we also process these data so you can view rankings and encourage your teammates.
Ambassador Course	We collect these data from you as Ambassador to support you as best we can on your course and share your experiences with other employees of the customer (where applicable on the Platform).

4. How (long) do we process personal data?

We never retain your data longer than is necessary in order to provide you with the products and/or services you have requested, for the purposes specified in this Privacy Statement, and for the legal purposes for which we are obliged to retain the information. If we no longer need to use your data, and there is no need for us to retain your data in order to comply with our legal or regulatory obligations, we will remove the data from our systems, or anonymise it so that we can no longer identify you.

Activity	Retention period
Energy services	Up to 4 years after providing the service
Letsmove: Visit to the Letsmove webpage, creating an account, booking an appointment or buying a voucher	With regard to cookies, the retention period can vary depending on the specific cookie, ranging from the end of the session up to 3 years afterwards. See our Cookie Policy for a detailed overview. With regard to creating an account, booking an appointment or purchasing a voucher, the retention period is up to 4 years after inactivity or up to 4 years after providing the service.
Lab Services: testing and coaching services	Up to 4 years after providing the service
Visiting the Platforms, creating an account and using our Platform Services	For the duration of the agreement and 1 year thereafter/photos and videos up to 5 years after the end of the agreement.
Ambassador Course	Up to 4 years after providing the service

5. With whom do we share personal data?

We do not share your data with third parties for commercial purposes. In certain cases, however, your data may be shared with other companies of the Golazo Group, or in the event of a transfer of activities from ENERGY. These companies will, however, only use your data in accordance with the purposes specified in this Privacy Statement.

In certain cases, your personal data may be shared with third parties who provide services to ENERGY, or who provide services on behalf of and for the account of ENERGY. This may relate to delivery services by partners, IT providers, mail providers, payment service providers, cloud providers or statistics management, such as Crossuite, payment processor Mollie, etc.

In addition, we are obliged to communicate your personal data when this is required by law or by a court decision. If we have to pass on personal data to third parties in other situations, this will only happen with your consent where this is legally required.

We will not sell, rent, distribute or otherwise make your personal data commercially available to third parties, except as provided for in this Privacy Statement, or if you have given your explicit prior consent.

Only specific members of our reliable team have access to the information you give us. We have taken all legal and technical precautions to prevent unauthorised access and use. We ensure a similar level of protection by imposing contractual obligations on these suppliers and service providers that are comparable to this Privacy Statement.

6. Transfer of personal data outside the EEA

Insofar as personal data is stored outside the European Union, we use contractual or other measures to ensure that they are stored under suitable protective measures, comparable to the level of protection they would benefit from in the European Union.

7. Use of cookies

We use several types of cookies on Letsmove and our platforms, as specified in our Cookie Policy.

8. Exercising your rights

The right to access and the right to obtain a copy

You have the right to freely access your personal data at any time, and to be informed about our purpose for processing your personal data.

The right of correction, deletion or restriction

You have a choice when it comes to sharing personal data with us. You always have the right to ask us to modify your personal data. You can also request to limit the processing of your personal data if you believe that your personal data is incorrect, and you subsequently inform us accordingly.

In addition, you have the right to ask us to delete your personal data insofar as we have been unable to anonymise it. You further acknowledge that a refusal to share personal data or a request to delete your personal data will make the delivery of various services or the purchase of products impossible.

Right to object

You have the right to object to the processing of your personal data if you have serious and justified reasons for doing so. You also have the right to object to the use of your personal data for direct marketing. No specific reason is requested in this case.

Right to data portability

You have the right to receive the personal data that we process about you in a structured, commonly used format, and/or to have this personal data transferred to another data controller.

Right to withdraw consent

If the processing is based on prior consent, you have the right to withdraw this consent.

Automated decisions and profiling

You have the right to request us not to be subject to a decision that is exclusively based on automated processing, including profiling, that has legal consequences for you or that significantly affects you in a similar way.

Exercising your rights

You can exercise your rights by contacting us, with a copy of the front of your identity card as an attachment, either via email to privacy@energylab.be or by letter to the following address:

ENERGY NV

Schoebroekstraat 8,

3583 Paal-Beringen

Belgium

Right to submit a complaint

You have the right to submit a complaint to the Belgian Data Protection Authority:

Data Protection Authority

Rue de la Presse 35

1000 Brussels

Tel. +32 (0)2 274 48 00,

Fax +32 (0)2 274 48 35,

Email: contact(at)apd-gba.be

This is without prejudice to proceedings before a civil court.

If you have suffered damage as a result of the processing of your personal data, you can submit a claim for damages.

9. How do we secure personal data?

We attach great importance to the security, integrity and confidentiality of personal data. To the best of our ability, we implement adequate security measures that have been designed in accordance with the latest state of the technology to protect this personal data from unauthorised access, disclosure, use and modifications. Specifically, we make use of secured connections whenever users provide personal data via Letsmove.

10. Choice of law and jurisdiction

This Privacy Statement is subject to, and has been drawn up according to Belgian law. In the event of a dispute, the Courts of the judicial district of Antwerp, Hasselt division, have exclusive jurisdiction.

11. Questions

Questions, remarks and requests with regard to this Privacy Statement are welcome, and should be addressed to

ENERGY NV

Schoebroekstraat 8,

3583 Paal-Beringen

Belgium

Or to privacy@energylab.be