Privacy Policy

UPDATED ON: 4 February 2023

1. WHAT IS THE PURPOSE OF THIS PRIVACY POLICY?

This Privacy Policy (the "Policy") provides information about how BE ATHLETIK MONACO ("BE ATHLETIK", "we", "us", "our") collects, uses and processes your personal data ("Personal Data") in connection with your use of our services on our website and when using our NEOMOVE application. It also explains how your Personal Information is used, shared and protected, the choices you have regarding your data and how you can contact us.

2. WHO IS THE CONTROLLER OF YOUR PERSONAL DATA?

For the purposes described in this Policy and in accordance with the applicable privacy regulations, BE ATHLETIK MONACO is responsible for processing your data:

BE ATHLETIK MONACO SARL, 1 avenue de la Costa, 98000 Monaco, Monaco.

BE ATHLETIK also processes your requests to exercise your rights regarding your Personal Data (as described in this statement). You are free to contact any of the responsible entities to make your requests.

BE ATHLETIK will also deal with any data security incident and will lead the cooperation and communication with the data protection authorities. Our principal authority is the Commission de Contrôle des Informations Nominatives ("CCIN") for the supervision of Data Protection, located in Monaco and the Commission Nationale de l'Informatique et des Libertés ("CNIL"), located in Paris.

3. WHAT PERSONAL DATA DO WE COLLECT AND USE?

In the course of using our online services on our website and through the NEOMOVE application, we ask you to provide certain Personal Information in order to provide you with the products and services you request through the application and the website.

This is the case, for example, when you contact our customer service department, ask to receive communications, create an account, participate in our events or simply use our platform as part of your ritual.

This Personal Data includes, for the use of our website

E-mails and other information that you send to us or communicate to us in any way, such as customer support requests;
Information about your use of the website, such as : IP addresses, preferences, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device identifier, language and other local settings), information about your interaction with our website (such as time stamps, clicks, scrolling, browsing times, searches, transactions, originating pages, loading times and problems you may experience, such as loading errors).

This Personal Data includes, for the use of our application :

your contact details, including surname, first name, e-mail ;
user and account information, including your password and unique user ID;
your personal details, including gender and date of birth;
your fitness data provided by you or generated via our App (time, duration, sore areas, energy level, motivation level, effort felt, angle and distance measurements);
your personal preferences, including your choice of avatar, your choice of rewards.

4. WHAT PERSONAL DATA MANAGEMENT TOOL DO WE USE?

When you use our services on our website but also on our NEOMOVE application, we provide you with timely information or obtain your consent for certain uses. For example, we collect your consent to send you notifications. We can collect this consent from the app or by using the standard permissions already available on your device.

In many cases, your web browser or mobile device will provide additional tools to allow you to control how your device collects or shares certain categories of Personal Information. For example, your mobile device or web browser contains tools to manage the use of cookies or the sharing of your location.

When you interact with our Platform via our website or application, certain data is automatically collected from your device or web browser.

These data include:

Device ID, call status, network access, storage and battery information, language used ;
Cookies, IP addresses, referrer headers, data identifying your internet browser and version, web beacons and interactions with our Platform.

We encourage you to familiarise yourself with the tools available on your devices and to use them.

COOKIES

A cookie is a piece of information placed on your hard drive by our website's server. It contains several pieces of information: the name of the server, the name of the cookie, its value and its expiration date.

This information is stored on your device in a simple text file that a server accesses to read and record information.

They are stored by our site or by third party partners who handle particular functions. Only the site that set the cookie can read the information it contains.

Cookies are not viruses and can in no way infect your device.

Functional cookies

Functional cookies are those that allow you to navigate our site and take advantage of its basic features. For example, they allow you to remain logged in to your customer account throughout your visit. Other cookies allow us to know how well the site is performing and to offer you a better experience on our site. These cookies are completely anonymous. Only we collect the information stored in these cookies.

Audience cookies

The use of this type of cookie allows us to recognise and count the number of visitors to our site and to collect information about how our site is used. In other words, these cookies allow us to improve the way our website works, for example, by ensuring that users can easily find what they are looking for.

Sharing cookies

Our site contains links to social networks, which allow you to share content from our site with others. When you use these sharing buttons, a third-party cookie is set. The sharing buttons allow you to link the content you view to your user account when you are connected to the social network while browsing our site.

We invite you to consult the privacy protection policies of these social networks in order to learn about the purposes of use, including advertising, of the browsing information they may collect through these application buttons.

TREATMENT

Your data enables us to ensure that the content of the Platform is presented in the most effective manner and to enable you to participate in the interactive features of the Platform. We monitor all traffic to our sites and applications, and analyse the data received by our servers to :

a) operate the sites connected to our domain and our applications,

b) fix bugs to ensure that formatting and design are correctly displayed,

c) fixing bugs to ensure that sites and applications work properly, and,

d) monitor compliance with our Terms and Conditions.

SHELF LIFE

We need your data for as long as you are on the site or application. We keep it for as long as it is needed to fulfil the purposes set out in this Policy.

For example, your data will be kept for a maximum of three years:

3 years from the end of the subscription for subscriber management data;
3 years for data collected when an account is created;
3 years for user data collected when subscribing to a newsletter or for use in prospecting when you are not a subscriber; and
3 years in addition to the current year regarding the exercise of RGPD rights.

At the end of these periods, we will delete your data, unless otherwise required by law.

CATEGORIES OF RECIPIENTS AND DATA SHARING

BE ATHLETIK MONACO and NEOMOVE share your Personal Information with :

the entities of BEATHLETIK MONACO for the purposes and under the conditions specified above;

service providers who process Personal Information on behalf of BE ATHLETIK, for example for payments and credit card use, hosting, administration and management of your data, e-mail distribution, research and analysis, brand management and product promotion, and for the administration of certain services and features. Where we use the services of service providers, we enter into contracts which require them to implement appropriate technical and organisational measures to protect your Personal Data;

other third parties to the extent necessary to: (i) comply with a governmental request, court order or applicable law; (ii) prevent unlawful uses of our Platform or violations of our Platform Terms of Use and policies; (iii) defend against third party claims; and (iv) assist us in fraud prevention or investigations (e.g., counterfeiting);

any other third party if you have expressed your consent.

We may also transfer your Personal Data in the event of a sale or transfer of all or part of our business or assets (including in the event of a reorganisation, assignment, dissolution or liquidation).

LEGAL FOUNDATIONS

In order to process your Personal Data, and in accordance with the applicable provisions (Monegasque Law n°1.165 of 23 December 1993 on the protection of personal information and the General Data Protection Regulation (GDPR)), we rely on different legal grounds, which depend on the way you interact with our platform both via our website and via our NEOMOVE application.

Thus, we only collect your Personal Data in the following situations:

With your consent ;
Where there is a contractual obligation to provide coaching services between BE ATHLETIK MONACO and you;
To meet a legal obligation (under Monegasque or European Union law).

5. WHY AND HOW DO WE USE YOUR PERSONAL DATA?

We use your Personal Information for the following purposes :

USE OF YOUR TRAINING INFORMATION AND PROVISION OF REQUESTED SERVICES

As mentioned above, we use your physical activity or characteristic data to provide you with a training service on our platform.

Given the personal nature of this data, we endeavour to provide you with clear information on how it is used. To the extent that such data may be considered sensitive, we undertake to take all necessary steps for its protection and use and, if required, seek your consent for its use.

Therefore, the collection of your Personal Data is necessary and mandatory in order to provide you with the best possible service and training adapted to your physical condition and progress.

PERSONALISED MARKETING MESSAGES (NEWSLETTER)

We send marketing messages that we think will be of interest to you to the email address you have provided. In order to send these personalised messages, we therefore need to collect your Personal Information.

DATA ENRICHMENT

We create a unique customer profile by matching all the Personal Information about you. This includes Personal Information we have collected directly from you on digital media, feedback you provide to us, your interactions and your communication with us through our various platforms and communication channels.

IMPROVE DATA MODELS

We use data science, your profile and your Personal Information to create data models that can help us improve the logic of our analytical activities, which help us better understand your comments and feedback, your interactions, your preferences and your needs with respect to our products and services. We will compare the data model we have created using your profile with other similar User profiles and categories to better predict and analyse your preferences.

We take every precaution to analyse only statistical data on the browsing actions and behaviour of our Users which cannot be used to identify an individual.

6. EXERCISING YOUR RIGHTS WITH REGARD TO YOUR PERSONAL DATA

When using our services on both our website and our NEOMOVE application, you have the following rights with respect to your Personal Data:

Access to your Personal Data;

To access your information and Personal Data detailing how BE ATHLETIK MONACO collects and uses your Personal Data, obtain a portable, machine-readable copy of your file, or delete your Personal Data, follow the instructions below.

Your email address is required as it allows us to identify you and execute your request.

Contact our data protection officer team: legal@neomove.app

Right of access to your Personal Data - You have the right to be informed whether your Personal Data is processed by BE ATHLETIK MONACO and its partners. You may also request that we provide you with a copy of that data, subject to the payment of a reasonable fee based on the administrative costs we incur in responding to your request. This fee will not apply if we are able to provide you with this data through your right to portability;
Right of rectification - Having accurate data is essential to BE ATHLETIK MONACO. We will rectify your inaccurate data without delay;
Right to restrict processing - You may ask BE ATHLETIK MONACO to restrict a processing of your Personal Data if you consider that your Personal Data is not accurate or if you ask us to delete your data.
Right to data portability - You can ask us for a copy, in a structured, commonly used and machine-readable format, of the data you have provided to us, where the processing of that data is carried out by automated means. Where technically possible, you may request that the data be transmitted directly to a Third Party;
Right to object - Under certain circumstances and for reasons related to your particular situation, you may object to BE ATHLETIK MONACO processing your Personal Data. Where you make such a request and the request is in accordance with applicable law, we will no longer process your data unless we demonstrate the legitimacy and necessity of the processing of Personal Data and that the processing overrides your rights, interests and freedoms. We may also still process your data if this is necessary for the establishment, exercise or defence of legal claims;
Right to complain to a supervisory authority - If you feel that BE ATHLETIK MONACO is not abiding by this Privacy Policy or that your rights under applicable law are not being adequately protected by BE ATHLETIK MONACO, you have the right to complain to a supervisory authority.
Right to erasure ("right to be forgotten") - Unless otherwise required by law, we will delete your data to comply with our legal obligations, including when your data is no longer needed or when you request us to do so. You also have the right to delete your account in the following way:

VIA THE NEOMOVE APP

If your app is still installed, this is the most efficient way to delete your account.

Step 1

On the app, go to your profile, click on the Setting icon, then on Account.

Step 2

Click on Delete account. A screen will open, asking you to confirm your deletion request.

Step 3

Enter your password to confirm the deletion

VIA THE WEBSITE

If you cannot access to your app anymore, please follow these instructions:

Step 1

Go to the website FAQ.

Step 2

In the Profile Section, click on the "How do I delete my account?"

Step 3

Follow the indicated steps.

Where you have provided us with your consent to process your Personal Data, you have the right to withdraw your consent at any time.

7. HOW DO WE SECURE YOUR PERSONAL DATA?

We implement appropriate technical and organisational measures to address risks relating to our use of your Personal Data, including loss, alteration or unauthorised access to your Personal Data, and enable you to exercise your rights. We require our service providers to do the same through contractual agreements. You should be aware, however, that any transmission of your Personal Information via the Internet is at your own risk. We can only protect your Personal Information while it is in our possession.

When collecting and using your Personal Information, we use several means to secure your data:

Encryption and Security: We use various technical and organisational security measures, including encryption techniques and authentication tools, to ensure the security of your Personal Information.

When transferring your Personal Data outside the EU/EEA: Depending on the activity of processing Personal Data, your Personal Data is shared with different "Categories of Recipients". Where the recipient is located outside the EU/EEA, we have implemented the necessary measures, such as signing the European Union standard contractual clauses agreed by the EU Commission and appropriate safeguards.

8. CHANGES TO OUR PRIVACY POLICY

Data protection laws and regulations change frequently. As a result, we may change this privacy policy from time to time.

Any changes will be made available both on our website and on our NEOMOVE application. If we make material changes to the way we process your Personal Data, we will notify you in advance, where required by law and regulation, and seek your prior consent to implement such changes.

We urge you to read our Privacy Policy and check it regularly for changes.

9. GENERAL QUESTIONS, CONTACT AND COMMENTS

We welcome your questions, comments and concerns about our Privacy Policy and practices.

If you have any comments or questions, or if you wish to exercise your rights in relation to your Personal Information, please write to us at the following e-mail address: legal@neomove.app

The contact details of our Data Protection Officer are as follows :

Personal Data Protection Office, BE ATHLETIK MONACO SARL, 1 avenue. De la Costa, 98000 Monaco, MONACO

If you wish to contact us with a complaint about your Personal Data, it will be handled with a view to resolving it in a timely and effective manner.

The French version of all legal documents (GTU, GTC, Privacy Policy, Legal Notice) will be deemed authentic. The English version is presented for information purposes only.