Data Privacy Statement

I. Scope of this Data Privacy Statement
This data privacy statement describes how John Harris Gesellschaft m.b.H. and its subsidiaries (John Harris Margaretenbad GmbH, John Harris Wien GmbH, John Harris Graz GmbH, John Harris Linz GmbH) (“JHF” for short) use the personal data JHF collects in accordance with the contract when new memberships are concluded, existing memberships are transferred and members’ data change. Furthermore, it describes how data are treated and recorded in the context of image processing, as well as the acquisition, processing and use of personal data in connection with digital services.

II. Use of the data provided by the member
JHF treats data secrecy and the protection of personal data as a priority.

These member data include:
– Title, first name and surname, academic degree, photograph of the member, home address, telephone number, e-mail-address
– Type of member, start and end date of the membership, minimum term of contract, fees, booking of additional packages
– Proof of identification (identity card, driving license, passport, student’s pass, proof of company membership, etc.)
– General bank details for the implementation of issued direct debit orders
– Customer care/support data such as previous telephone calls (written summary, no recordings), internal communication regarding the membership, recording of access data, received and sent documents / correspondence

JHF uses members’ data exclusively for the following purposes
– For the fulfilment and management of the contract, in particular for the administration of the membership or, if applicable, for the provision of services and support, for the compilation of internal statistics and performance of checks (in connection with our legitimate interest to optimize business administration procedures)
– For the development of new products (in connection with our legitimate interest to develop market and demand-focused products)
– As support for the law enforcement authorities and for the fulfilment of legal obligations

For the above purposes, some customer data are also transmitted to the following data processors:
– Webhosting: Ploner Communications (www.ploner-communications.com)
– E-mail marketing: Newsletter2Go (www.newsletter2go.at)
– IT support: MP2 IT-Solutions (www.mp2.at)
– Database support: Socket-IT Peak Solutions GmbH (www.socket-it.at)

III. Duration of the storage of members’ data
All data of members are stored for the duration of the membership and to the extent required by the statutory retention periods.

IV. Data security
JHF strives to ensure the frictionless operation of its business and the implementation of multiple data security mechanisms to preserve data secrecy and the integrity of the provided personal data. All data are stored exclusively on servers in the European Union.

V. Data subject rights
Of course, the member may exercise the right to gain access to his/her stored personal data and the right of information at any time, provided that these data can be assigned directly to the member. If data have been anonymised – i.e. data that cannot be assigned to the customer anymore (this applies if an identification is not possible (anymore)) – JHF is unable to provide any information. A data subject may request JHF to promptly rectify incorrect personal data relating to him/her. In due consideration of the relevant processing purposes, the data subject may request the completion of incomplete personal data, including by means of a supplementary statement. An official photo ID must be presented to exercise data subject rights. As a general rule, such information is free of charge. However, JHF reserves the right to charge a reasonable fee to cover its administrative expenses if the scope of the information goes beyond the scope of the information rights granted under the GPDR as amended complaints against the processing of personal data by JHF may be addressed to the data protection authority at the following address: Wickenburggasse 8, 1010 Vienna.

VI. IMAGE PROCESSING
Certain club areas – both indoors and partly also outdoors – are monitored with the aid of video recordings, however exclusively for the purpose of property protection and criminal prosecution in line with our legitimate interest. It cannot be ruled out that data subjects are recorded in this context. The storage duration of the recordings is 72 hours. If the end of the term for erasure is a Saturday, Sunday, public holiday, Good Friday of 24 December, the next following day that is none of the aforesaid days shall be the last day of the period allowed for erasure.

As a general rule, image processing is restricted to the entrance or exit areas of the club, partly also outdoor areas (e.g. façade and glass surfaces), as well as areas with increased risk potential (e.g. dumbbell and strength exercise areas, swimming pool), highly circulated areas (e.g. access to change rooms) or areas relevant to security (e.g. access to electronic data processing equipment), but it is always practiced exclusively for the purpose of property protection and criminal prosecution. No image data are recorded in the change rooms and naked areas. By means of processing logs and special mechanical and technical access mechanisms, JHF ensures that only authorized persons are able to access recorded video material, and that they are only able to analyse such material when required. All clubs where image processing is used are appropriately identified at the entrances

VII.Acquisition, processing and use of personal data in connection with digital services
a) Cookies:
So-called cookies are used to make JHF websites user-friendly and permit the use of certain functions. Cookies are small text files that are placed on your terminal. Some of the cookies we use are deleted after the end of the browser session, i.e. when you exit your browser (so-called session cookies). If you have set your browser accordingly, it will tell you about the placing of cookies and let you decide whether you wish to accept or refuse cookies individually in certain cases or reject cookies always. If you require further information about this, please use the help function of your Internet browser. Refusing cookies may reduce the functionality of our website. In the following, we will discuss specific cookies. We use Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics also uses cookies. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on a server in the United States. However, within EU Member States or in other member states of the European Economic Area Google will shorten your IP address before transmitting it. Your full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for the website operator and providing other services for the website operator relating to website activity and internet usage. Google will not associate your browser’s IP address transmitted for Google Analytics purposes with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. Furthermore, you can prevent the collection of data generated by the cookie about your use of the website (including your IP address) to Google and its processing by Google by downloading and installing the browser plug-in provided by this link: https://tools.google.com/dlpage/gaoptout?hl=de

b) Social media and blog content:
Sometimes we use Social Media plug-ins to share certain content in social networks. If you click these external links, URLs are transferred. We have no influence over the data that are processed. The relevant information is published in the data privacy statement of the applicable social networks. Our blog tells members about the latest fitness trends and other fitness-relevant stories at regular intervals. In addition to JHF, the content is also partly contributed by external copy editors “bloggers”. Journalistic opinions and comments of external bloggers do not always have to coincide with the opinion of JHF

VIII. Amendment of this data privacy statement
If this data privacy statement is amended, the updated version will be published on our homepage www.johnharris.at/datenschutz. If you have any comments or questions regarding this data privacy statement or the processing of your data by us, please contact us in writing.

John Harris Gesellschaft m.b.H. and subsidiaries
f.a.o Datenschutz (Data Privacy)
Nibelungengasse 7
1010 Wien
E-Mail: datenschutz@johnharris.at
Telephone: +43 1 587 37 10

This data privacy statement was last updated on 8 May 2018.