The elbowroom Ltd Privacy Policy

This Privacy policy was published May 23rd, 2018. You can see the previous version here.

The elbowroom team are committed to protect and respect your privacy in compliance with EU- General Data Protection Regulation (GDPR) 2016/679, dated April 27th 2016. This privacy statement explains when and why we collect personal information, how we use it, the conditions under which we may disclose it to others and how we keep it secure. This Privacy Statement applies to the use of our products and to our sales, marketing and customer contract fulfillment activities. It also applies to individuals seeking a job in The elbowroom.

Who are we?

The elbowroom is a family wellness centre. We have matured according to the needs of our clients and the community. We now consist of 4 yoga, Pilates and fitness class studios, a Tonic Bar, a children’s after-school service, a health clinic and an AON service.

Our headquarters’ registered office address is 32 Brunswick Street North, Stoneybatter, Dublin 7.

The elbowroom Ltd is the data controller and our Data Protection Officer can be contacted by emailing unsubscribe@the-elbowroom.com

When do we collect personal data about you?

When you are using our products or services.
When you interact with us in person, through correspondence, by phone, by social media, or through our website.
When we collect personal information from other legitimate sources, such as social networks. We only use this data if you have given your consent to them to share your personal data with others.
We may collect personal data if it is considered to be of legitimate interest and if this interest is not overridden by your privacy interests. Before data is collected we make sure an assessment is made, ensuring that there is an established mutual interest between you and The elbowroom Ltd.

Why do we collect and use personal data?

We collect and use personal data mainly to perform customer service, direct sales & direct marketing. We also collect data about suppliers, partners, and persons seeking a job or working in our company.

We may use your information for the following purposes:

Send you marketing communications which you have requested. These may include information about our products and services, events, activities. This communication is subscription based and requires your consent.
Send you information about the products and services that you have purchased from us.
Perform direct sales activities in cases where legitimate and mutual interest is established.
Provide you content and venue details on events or appointments you signed up for.
Reply to a ‘Contact me’ or other web forms you have completed on one of our elbowroom website.
Follow up on incoming requests (customer support, emails, chats, or phone calls).
Perform contractual obligations such as order confirmation, license details, invoice, reminders, and similar.
Notify you about any disruptions to our services (system messages).
Contact you to conduct surveys about your opinion on our products and services.
Process a job application.

Our legal basis for collecting personal data

Collecting personal data based on consents

The collection of personal data based on consent from the data subject will be done by using “Consent Forms” that will store documentation related to the consent given by the individual. Individual consents will always be stored and documented in our systems.

Collecting personal data based on contracts

We use personal information for fulfilling our obligations related to contracts and agreements with customers, partners, and suppliers.

Collecting personal data based on legitimate interest

We may use personal data if it is considered to be of legitimate interest and if the privacy interests of the data subjects do not override this interest. Normally, to establish the legal basis for data collection, an assessment has been made during which a mutual interest between The elbowroom and the individual person has been identified. This legal basis is primarily related to our sales and marketing purposes. We will always inform individuals about their privacy rights and the purpose for collecting personal data.

What type of personal data is collected?

We collect name, phone number, title, date of birth and email address. We may also collect feedback, comments, and questions received from you in service-related communication and activities, such as meetings, phone calls, documents, and emails. From our website, we may collect IP-address and actions taken on the site.

If you apply for a job at The elbowroom, we collect the data you provide during the application process.

The elbowroom does not collect or process any special categories of personal data, such as public unique identifiers or sensitive personal data.

How long do we keep your personal data?

We store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes.

This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.

Your rights to your personal data

You have the following rights with respect to your personal data:

The right to request a copy of your personal data that The elbowroom holds about you.
The right to request that The elbowroom corrects your personal data is inaccurate or out of date.
- If you are a customer or partner and you have registered a profile on the Mindbody website, you may update your user profile by logging into the site and selecting “Edit Profile”.

The right to request that your personal data is deleted when it is no longer necessary for The elbowroom to retain such data.
The right to withdraw any consent to personal data processing at any time. For example, your consent to receive e-marketing communications:
- If you want to withdraw your consent to e-marketing, please make use of the link to manage your subscriptions included in our communication. Please note that you may still receive system messages and administrative communications from The elbowroom, such as appointment confirmations, system messages, and notifications about your account activities.
The right to request that The elbowroom provides you with your personal data and, if possible, to pass on this information directly (in a portable format) to another data controller when the processing is based on consent or contract.
The right to request a restriction on further data processing, in case there is a dispute in relation to the accuracy or processing of your personal data.
The right to object to the processing of personal data, in case data processing has been based on legitimate interest and/or direct marketing.

Any query about your Privacy Rights should be sent to unsubscribe@the-elbowroom.com

The use of cookies and beacons

We may use cookies, web beacon and other similar technologies on our online services to collect information and provide you with the services or products that you have requested.

A “cookie” is a small text file that is placed onto an Internet user’s web browser or device and which is used to record information related to the navigation or the use of a device or a website.

A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels or tags (also known as “tracking pixels”). This may be used in our services or emails to help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.

We use cookies and other similar technologies to collect information for the purposes described in this Privacy Policy. We may also combine the information collected by these technologies with information we have collected about you by other means that are described in this Privacy Policy.

Some of the cookies are used for the exclusive purpose of enabling or facilitating communication or are strictly necessary for the provision of our online services.

These are essentially session cookies for authenticating and connecting to our online services, as well as memorizing navigation items during a session.

You have the ability to decline cookies by changing the settings on your browser but this might prevent you from benefiting from some elements of our online services. You can also delete cookies if you wish since they are stored on your hard disk.

We may also use these technologies to improve our online services and to remember you, for your convenience, when you use our online services.

We inform you, in particular, that we use Google Analytics to collect information about the use of our online services. We do not combine the information collected through the use of Google Analytics with personally identifiable information. We inform you that Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site. The cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. For more information on Google Analytics, please visit Google Analytics.

Do we share your data with anyone?

We do not share, sell, rent, or trade your information with any third parties without your consent, except what is described below:

If required by law:

We will disclose your personal information if required by law or if we, as a company, reasonably believe that disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order or legal process. However, we will do what we can to ensure that your privacy rights continue to be protected.

Use of sub-contractors (processors and sub-processors)

We may use sub-contractors to process personal data on our behalf, we are responsible for making sure they commit themselves to adhere to this Privacy Policy and applicable data protection legislation by signing a Data Processing Agreement.

If the sub-contractor processes Personal Data outside the EU/EEA area, such processing must be in accordance with the EU Privacy Shield Framework, EU Standard Contractual Clauses for transfer to third countries, or another specifically stated lawful basis for the transfer of personal data to a third country.

If a new subcontractor is signed or a change of subcontractor is performed related to our CRM Online service, the customers will be notified in line with our Terms of Service. A directory of approved sub-processors is available below.

Mindbody – Is a cloud-based business management software for the wellness services industry. Here is a detailed explanation of how the Mindbody’s Privacy Shield requirements align with the new GDPR guidelines https://www.mindbodyonline.com/privacy-policy

MailChimp – MailChimp is a marketing automation platform and an email marketing service. Here is a detailed explanation of how the MailChimp’s Privacy Shield requirements align with the new GDPR guidelines https://mailchimp.com/legal/privacy/?_ga=2.34292647.768341854.1526915394-1495087025.1498148478

The period of data retention

Our insurance provider requires us to retain all records for a period of 7 years after the last appointment or visit, or in the case of minors, for 7 years after their 18^th birthday. We use this time-frame for all of our data. After 7 years have elapsed without use, files are destroyed.

We hold transaction data indefinitely on our online system to provide the best customer service.

Changes to this Privacy Policy

The elbowroom reserves the right to amend this Privacy Statement at any time. The applicable version will always be found on our websites. We encourage you to check this Privacy Statement occasionally to ensure that you are happy with any changes.

If we make changes that significantly alter our privacy practices, we will notify you by email or post a notice on our websites prior to the change taking effect.

Your right to complain with a supervisory authority

If you are unhappy with the way in which your personal data has been processed, you may, in the first instance, contact unsubscribe@the-elbowroom.com

If you remain dissatisfied, then you have the right to apply directly to the Data Protection Commissioner Canal House Station Road Portarlington R32 AP23 Co. Laois.