Privacy policy

Thank you for visiting Clark Powell. This privacy policy (“Policy”) explains our collection, use and disclosure of data about you when you use the Clark Powell Fitness website or application (the “Site”), or certain services of our Clark Powell Fitness clubs (the “Services”). By visiting this Site or otherwise providing us with your information when using our Services, you agree to be bound by the terms of this Policy. By visiting this Site or otherwise providing us with your information when using our Services, you agree to be bound by the terms of this policy.We want to assure you that Clark Powell Fitness takes privacy issues very seriously and is committed to protecting your privacy. Therefore, we provide this policy to explain our privacy practices and the choices you can make about the way your information is collected and used.This policy applies when you interact with us via our site and services. It also applies wherever it is linked. It does not apply to third-party websites, mobile applications or services that may be linked to or from the Site or Services. Please consult the privacy policies of these websites and applications directly to understand their privacy practices.
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SECTION 1. CONDITIONS OF USE
‍Youruse of the Clark Powell website and services linked to this policy are subject to the conditions of use then in force with Clark Powell Fitness, which can be found on our website.We attach particular importance to the protection of your data.The necessary measures have been taken to ensure a maximum level of security for your data in accordance with the French Data Protection Act n°78-17 of January 6, 1978 and the General Data Protection Regulation of April 27, 2016, applicable from May 25, 2018.
This Personal Data Protection Policy sets out the guiding principles for the protection of your data when you enter into a relationship with one of the Clark Powell clubs, when you connect to the clarkpowell.fr website or when you download the Mysport app. Nevertheless, some clubs may be operated by brand licensees or franchisees, i.e. persons who have no capital link with Clark Powell France but who benefit from the right to use the Clark Powell brand. This privacy policy does not apply to licensees/franchisees who have their own websites or mobile applications. To find out how they use their customers’ information, please consult their own privacy policies.
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ARTICLE 2. UPDATES TO THE PRIVACY POLICY
‍Wereserve the right to update or modify this Privacy Policy at any time without notice by posting a revised version of the Privacy Policy on the Site. If we make material changes to this policy, we will notify you by a notice visible on our home page or by direct communication via e-mail or your account. We will obtain your consent if we use information we have previously collected about you for purposes materially different from those described in the version applicable at the time we collected your data. Your use of the Site or any Clark Powell Fitness facility following any update to this Privacy Policy constitutes your agreement to all information collected from you after publication of the revised Privacy Policy being subject to the terms and conditions of the revised Privacy Policy.

‍ARTICLE3. INFORMATION WE COLLECT
‍ We collect information that you provide to us or that is otherwise provided to us on your behalf. You make the choice to provide us with your information in order to access or use certain features or services of the Site or Clark Powell Services, such as making a purchase, joining one of our Clubs, paying your membership fees, requesting information, providing us with information via SMS message or our mobile application, completing a job or franchise application, entering a sweepstakes, logging into certain exercise equipment consoles in your Club or otherwise contacting us.We may combine your data from the Clark Powell Site and Services together with other information we obtain from our business records. We may use and share your data that we compile to create statistics that do not identify a specific individual (we remove information containing unique identifiers so that it cannot be linked to a specific individual).You can always choose not to provide certain information, but this may limit your ability to use a particular service or feature on the Site or Clark Powell Services.

‍ARTICLE4. INFORMATION YOU GIVE US
‍Thecategories of information we collect from you include:Identifying information (such as name, telephone number, e-mail address, postal address, professional or educational affiliations, photograph, contact details and billing information).Classification characteristics protected under the law (such as age and gender).Commercial information (such as products and services purchased from us and our partners, as well as your consumer preferences).Biometric information (such as your physical characteristics or measurements).Training and machine usage information.Account information such as username, password, unique user ID and communication preferences.Credit card or banking information (IBAN, Mandat sepa..).Reviews and comments.Link to social network accounts.

‍ARTICLE5. INFORMATION WE COLLECT AUTOMATICALLY
‍Weand our partners collect data through statistical reports, cookies or other digital tracking technologies to gather information from the device you use to interact with our Site. The information we automatically collect includes:Device information, including the IP address of your computer, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit.Analytical information, including details of your interaction with our website, application and email newsletters.Diagnostic information, including web traffic reports.Advertising information, advertisements and other unique identifiers that enable us or third parties working on our behalf to target advertisements to you. Please be aware that our advertising partners may collect information about you when you visit third-party websites or use third-party applications. We create business records when you make purchases or otherwise interact with the site.

‍ARTICLE6. INFORMATION WE COLLECT FROM THIRD PARTIES
‍Wemay also collect information from other sources such as:Franchisees/Brand LicenseesAffiliated Companies, which are the parent companies, subsidiaries and affiliated entities of Clark Powell Fitness.Social Media Platforms. If you use a social media platform connection to access our site, you will share with us certain information from your social media account, including, for example, your name, email address, photo, social media contact list, and any other information that may be or that you make available to us when you connect your social media account to your Clark Powell account. The specific information transferred depends on your security settings and the privacy policy of your social media network.Joint business partners.Publicly accessible databases.Exercise equipment manufacturers.Credit bureaus, when you apply for membership using a credit card.Third-party marketing partners, when they share information about your interaction with advertisements we place on third-party websites or your interaction with our sites.Bank verification services and financial institutions. We use “Adyen” and “Stripe” or other financial institutions to link and verify bank account information maintained by your financial institutions. This bank account information may include account and routing numbers and related personal information. By providing us through “Adyen” or “Stripe” with your personal and banking information, you grant us the right, power and authority to act on your behalf to access, transmit and receive such information from the relevant financial institutions. You agree that your personal and banking information may be transferred, stored and processed by “Adyen” or “Stripe” in accordance with their respective privacy policies, as may be amended from time to time.Others you specify. If you decide to invite others to the site or to use our services, we will collect their names, e-mail addresses and/or telephone numbers and those of the other person in order to send an e-mail or SMS and to follow up. You agree to obtain the other person’s consent before giving us their details. You also agree not to provide us with the contact details of a minor. We will inform any other person you invite for whom you have provided us with their details.

‍ARTICLE7. HOW WE USE INFORMATION
‍Byproviding us with your information, you authorize us to collect, use and disclose that information as described in this policy. We may use your information for the following purposes:
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・To provide you with access to the Site and our Services, such as administering your member account and sending you administrative information about our terms and policies.
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・To periodically send you newsletters, emails or similar communications offering promotions, news about new products and services from Clark Powell Fitness (or our partners), requests for feedback or other information we think may be of interest to you, in accordance with local legislation.
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・To respond to any customer service requests or queries.
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・Promote and administer corporate partnerships in connection with the Services.To provide you with customized products or service offerings.
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・For internal organizational, analytical or development purposes, such as conducting data analysis to improve the effectiveness of our site or services, improving our current products, services or offerings, developing new products, services or offerings, identifying member trends, evaluating the effectiveness of our promotions and campaigns.
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・To combat fraud and for security and safety purposes, such as detecting abusive or malicious behavior.
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・To comply with legal process, such as warrants, subpoenas, court orders and lawful regulatory or law enforcement requests, and applicable legal requirements.For any other business purpose for which you give your consent.
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ARTICLE 8. HOW WE SHARE INFORMATION
‍ClarkPowell Fitness will only disclose, trade, rent, sell or otherwise transfer information for the purposes set out in this policy, or as required or permitted by law.Below are the categories of recipients with whom we may share your information:
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・Clark Powell Providers
Clark Powell Fitness may disclose your information to service providers on behalf of Clark Powell Fitness, such as, but not limited to, Clark Powell approved providers, hosting, data management, analytics and storage services, bank verification providers, membership benefits providers and loyalty services.
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・Affiliated companies
We may share information with Clark Powell Fitness parent companies, subsidiaries and affiliated entities.
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・Franchisees/ Clark Powell Licensees
We may provide your information to a Clark Powell Fitness franchisee / licensee to provide Services to you if you are a Clark Powell network member, visitor or guest of a Clark Powell Fitness franchisee / licensee club.
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・Law enforcement authorities
We may disclose your information to law enforcement authorities when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court).

・Corporate partners
We may offer special offers for the Services through certain partnerships with third parties. We may share your information with third parties in connection with the promotion and administration of these offers.

・Partnersmarketing third
We may also share your information with third parties for marketing purposes, in accordance with applicable law, if we believe that the products or services they offer may be of interest to you. We will only share this information if you have agreed to receive marketing emails from us and our partners. If you unsubscribe from our commercial communications, we will no longer share your information with third parties for marketing purposes. We partner with companies that help us advertise our Services, including partners who use cookies and online tracking technologies to collect information to personalize, retarget and measure advertising effectiveness.

・Social media platforms
If you interact with us on social media platforms, the Platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our sites (for example, by clicking on a Facebook “Like” button), the Platform and your connections on the Platform may be able to see this activity. To control this information sharing, please consult the privacy policy of the relevant social media platform.

・Otheractivities as part of a business transaction
We may change corporate entity or business organization while providing the same Services. We may transfer to another corporate entity or its affiliates or service providers some or all of your information as part of, or during the negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control or financing transaction. We cannot promise that any acquirer or merged entity will have the same privacy practices or will treat your information as described in this policy.

‍ARTICLE9. YOUR OPTIONS AND RIGHTS CONCERNING YOUR DATA
Your account: Please visit your account page to update your account details.

‍Marketing communications:If you do not wish to receive marketing information from us or would like to unsubscribe from future e-mail promotions, please contact us. Please note that any promotional emails you receive from us will include an option to unsubscribe from future email communications.If you unsubscribe from our marketing communications, you will not be automatically unsubscribed from marketing communications from any Clark Powell Fitness clubs you have joined or to which your email address has been provided, as set forth in this Policy. Clark Powell Fitness franchises/licensees are independently owned and operated businesses and we do not control their use of your e-mail address. Therefore, if you are a member of a Clark Powell Fitness franchisee/licensee club, please contact your home club directly for information on how to unsubscribe from these communications.

‍Advertising choices: you have the option of limiting the information we and our partners collect for online advertising purposes.You can disable cookies in your browser or mobile device by using their settings menus. Your mobile device may give you the option of disabling the advertising functionality. As we use cookies to support the functionality of the Service, disabling cookies may also disable certain elements of our online properties.The following industry organizations offer opt-out options to participating companies: Network Advertising Initiative, Digital Advertising Alliance and European Interactive Digital Advertising Initiative.You can contact us directly.If you exercise these options, please be aware that you may still see advertising, but it will not be personalized. If you delete your cookies, you can also delete your deactivation preferences.

‍DoNot Track: Your browser or device may include Do Not Track functionality. The information collection and disclosure practices and choices we offer you will continue to operate as described in this policy, regardless of whether a Do Not Track signal is received.

‍Jurisdiction-specific rights: You may have certain rights regarding your information depending on your location or place of residence. Please see “Privacy disclosures for specific jurisdictions” above. Please contact us to exercise your rights.

‍ARTICLE10. ACCESS TO YOUR INFORMATION
‍Youhave the right to challenge the accuracy and completeness of your information and have it corrected, if necessary. To access or modify your information, please log in or visit your home club.You may also request access to your information and inquire as to how that information has been used and disclosed, subject to certain exceptions provided by law. If your request for access is refused, we will inform you in writing of the reason. Please send an e-mail to contact@clarkpowell.fr to inquire about the use of your information.

‍ARTICLE11. DATA RETENTION
‍Compliantwith the new European Data Protection Regulation (RGPD) of May 25, 2018, our users’ personal data is stored for no more than 3 years in the context of a marketing plan, and 6 years in the case of a subscribed commercial offer. These are stored in the databases of each Clark Powell Fitness club.

‍ARTICLE12. SECURITY
‍Thesecurity of all information is extremely important to us. We process your information using a combination of physical, technical and administrative safeguards designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect your information, Clark Powell Fitness cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

‍ARTICLE13. USE OF SITE OR SERVICES BY MINORS
‍Thisis a commercial website intended for use by persons at least 18 years of age. If you are under 18, you may not use the Site or Services without the prior permission and supervision of your legal guardians. Clark Powell Fitness does not accept members under the age of 16 and does not knowingly collect information from persons under the age of 16.

‍ARTICLE14. INTERNATIONAL TRANSFER AND APPLICABLE LAW
‍Forvisitors using the Site or Services from outside France, any data you provide will be transferred to France for use by Clark Powell Fitness and/or its affiliates for any of the purposes described in this Policy. Please note that the law of other countries may permit their governmental authorities to require access to your information.

‍ARTICLE15. SPECIAL INFORMATION FOR JOB APPLICANTS
‍Whenyou apply for a job with us, we may collect information about you, including:Information you provide as part of your application.Information you make available in your social network accounts.Information about you that is publicly available.Information you authorize us to collect via third parties, including former employers or references.In certain circumstances, you may submit your job application through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please read their privacy policies carefully before submitting your application.

‍ARTICLE16. CONTACT DETAILS OF THE DEPARTMENT RESPONSIBLE FOR YOUR DATA AND PROCEDURE FOR PROCESSING REQUESTS
Contact
‍Ifyou have any questions or concerns about our privacy practices, please contact our Privacy Officer at:
Clark Powell Fitness Headquarters
69, rue du PoumpidouJuvignac, 34 480
Email: contact@clarkpowell.fr

‍ARTICLE17. PROCEDURE FOR RESPONDING TO REQUEST FOR INFORMATION AND FREEDOM RIGHTS
In accordance with the new European Data Protection Regulation (RGPD) of May 25, 2018, you have the right to access and rectify information concerning you, which you may exercise by contacting contact@clarkpowell.fr. You may also object to the processing of data concerning you.
Reminder: you have a right to

・of modification, opposition, retraction on legitimate grounds to the processing of personal data as well as for prospecting purposes.
・to lodge a complaint with the CNIL
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Only you, or a person legally authorized to act on your behalf, may make a request for the right of access and rectification concerning your personal data. You may also make a request for access and rectification on behalf of your minor child.

The consumer’s request for right of access and rectification must:
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・Provide sufficient information to enable us to reasonably verify that you are either the person about whom we have collected personal data, or an authorized representative. We may need to contact you to request more information to verify your identity.
・Describe your request in sufficient detail to enable us to understand, evaluate and respond appropriately.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.
Making a request for right of access and rectification does not oblige you to create an account with us.
We will only use the personal information provided in a request for right of access and rectification to verify the identity of the requester or his/her authority to make the request.
We may be subject in these particular cases under the law not to be obliged to comply with your request, or to comply with it in a more limited manner than you had anticipated. If this is the case, we will explain it to you in our reply.