“EKYNO” Privacy and Personal Information Protection Policy
Version in force on 9 May 2018
Thank you for your interest in our Ekyno application (“Ekyno”) designed and developed by SAS Ekyno Company. (“we”, “SAS Ekyno Company”). We appreciate the trust you place in us by providing us with information that is personal, and we want to be transparent about how we collect, process and use it. In this document, we present to you the privacy practices we have put in place for our Ekyno application and our website, (“Ekyno”, “Website”). It is intended to describe the data we collect, how we use it and how we control your information, and the measures we take to ensure its security.
The following points will be discussed:
1. Definitions of the terms
2. The information we collect
3. How we use the information
4. How is information shared?
5. Your access and control rights to your personal data
6. Data retention
7. Information security
8. Your rights
9. Third parties
10. Changes and updates
11. How to contact us
“Data” refers to the data, results, reports, algorithms and calculations created or generated from the User Data by the use of Ekyno.
“User data”: Means all professional and personal data that Ekyno may collect or to which it may otherwise have access in connection with the use of the Ekyno Application by users, staff, coaches, physical trainers, athletes, including but not limited to users’ personal information; surnames and forenames, structural names, e-mail addresses, telephone numbers, postal addresses, gender/sex, age/date of birth, medical data/health data, list of objectives, deadlines, priorities, follow-up feedback, evaluation results, as well as session content created, transferred, adapted and/or made available in any way to athletes by anyone for the purpose of using the Ekyno Application.
“Coach User”, “you”, refers to one or more users, whether they are coaches, physical trainers, coaches, staff; all persons responsible for the management of athletes.
“Sports User”, “client” refers to a natural person, (athlete, competitor, athlete) who uses the Ekyno Application as a client of a Coach User.
“User” refers to all “Coach User” and “Sports Users” who use the Ekyno Application.
We collect different types of information through Ekyno. The processing of personal data by Ekyno is necessary for the proper performance of the service, as described in Ekyno’s General Terms and Conditions of Sale and Use.
To test Ekyno, as a Coach User or Sports User it is necessary to create an account. Some personal information is therefore necessary, such as first name, last name, e-mail address, password, status for the Coach User, telephone number. This is the information that will need to be provided to create an Ekyno account, and can be processed by the following integrated services :
Within the framework of the use of Ekyno by the Coach User, he/she will be required to provide additional user data, such as session plans, images, planning, advice, messages with his/her clients… He/she may also invite Sports Users who have not yet registered by providing their e-mail address.
As part of the Sports User’s use of Ekyno, the Sports User will be required to provide additional user data, such as weight, evaluation results, session feedback, messages with the Coach User.
As part of a promotion, a survey, a request, in particular on the contact page of our website, we collect the information you submit to us such as your name, the number of athletes monitored, how you knew Ekyno, your contact details (email and telephone) and your message.
We also collect data from the computers, tablets, smartphones you use to access Ekyno. This “automatically collected” information may include the IP address or other device address or ID, type of web browser and/or device type, language used, web pages visited, pages or other content that the User sees or interacts with the Ekyno Service, dates and times of access to Ekyno, location (as authorized by you), and cookie information. We may also use these technologies to collect information about a User’s interaction with electronic messages, for example, if the User opens, clicks or transmits a message. This information is collected from all Users.
Insofar as some of the information we collect is health data (injuries) or another particular category of personal data subject to the General Data Protection Regulation of the European Union (“GDR”), it should be noted that these user data are collected by Ekyno or from other sources integrated into Ekyno, only after users have validated the GTC, and therefore given their consent, when they first connect.
We use the information we collect for the following purposes.
We use the information we collect in a variety of ways to operate, maintain, improve and provide all the services and features offered in your Ekyno subscription.
We use the information we collect to improve Ekyno, develop new features and services. For example, we use this information to understand and analyze user usage patterns and preferences, to troubleshoot and protect you from errors, bugs; to perform data analysis and testing; and to conduct research and surveys.
We use your information when necessary to send you notifications about the Services and to respond to you when you contact us. We also use your information to inform you of new features or other services that we think may be of interest to you. You can control commercial communications and most notifications relating to our Services via the “Unsubscribe” link in each email.
We use the information we collect to promote the safety and security of our Services, our Coach Users and Sports Users and third parties. We only process customer data in accordance with the instructions provided by the user concerned.
For example, we may use this information to authenticate users, facilitate secure payments, protect them against fraud and abuse, respond to a legal request or complaint, contact the user for administrative purposes such as customer service, violation of intellectual property rights, invasion of privacy or defamation related to Data or Personal Data published on the Service, enforce our terms and conditions and policies.
We automatically use the information collected and other information collected about Ekyno through cookies and similar technologies to: (i) customize our Service, such as remembering a User’s information to facilitate identification on subsequent visits; (ii) provide personalized advertising, content and information; (iii) monitor and analyze the effectiveness of the Service and features; (iv) monitor overall site usage parameters, such as total number of visitors and pages viewed (see paragraph “Measure and evaluate traffic access”); and (v) track your entries, submissions and status in all activities on Ekyno. You can obtain more information about cookies by visiting this page .
With regard to the personal data subject to the DGMP, we have several legal bases for processing this data. Namely :
lhen you have given your consent, you can withdraw it at any time by writing to us at email@example.com; for the elaboration of the contract that binds us to you, such as the General Terms and Conditions of Sale and General Conditions of Sale; when certain interests of our company are legitimate, such as improving, customizing and developing our Services, marketing new features or products that may be of interest to you, and protecting security as described above.
Any information that you voluntarily choose to include in a public domain of the service, such as a public profile page, will be accessible to any visitor or user who has access to this content.
We work with third-party service providers who provide website services, hosting, management, billing, maintenance and other services for us. These third parties may access or process data, user data in connection with the provision of these services for us. We limit the information provided to these service providers to what is reasonably necessary for them to perform their duties, and our contracts with them require them to maintain the confidentiality of this information.
We may make certain automatically collected, aggregated or otherwise non-personally identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) commercial or marketing purposes; or (iii) to help these parties understand the interests, habits and usage patterns of our Users for certain programs, content, services and/or features available through Ekyno.
We may disclose personal data or other information if required by law or in the good faith belief that such action is necessary to comply with applicable laws, in response to a valid court order, subpoena or judicial or other warrant from the government, or otherwise cooperate with law enforcement or other government agencies. We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive or illegal use or activity, (iii) investigate and defend against any claim or allegation by third parties, (iv) protect the safety or integrity of the Service and the facilities or equipment used to make Ekyno available, or (v) protect our property or other rights, enforce our contracts or protect the rights, property or safety of others.
In accordance with French data protection laws and the European General Data Protection Regulation 2016/679 (GDR), we respect your privacy rights. If you wish to access or modify the Personal Data we hold about you, or to request that we delete or transfer information about you that we have obtained from an Integrated Service, you can contact us by email at the following address: firstname.lastname@example.org . Depending on your request, we will make the desired changes, delete or block some of your data in our database. In addition, you can correct or delete all or part of the information you have entered in your Ekyno account at any time by accessing the profile page of your Ekyno account. Please note that the changes you make will be reflected immediately in the active databases, but we will retain all the information you submit for backup, archiving, fraud and abuse prevention, analysis, legal compliance or when we reasonably believe that we have a legitimate reason to do so. You may refuse to share certain personal data with us, in which case we may not be able to provide you with some of Ekyno’s features.
You can unsubscribe from the collection of browsing information about your visit to our website by Google Analytics by using Google Analytics’ deactivation feature.
If you receive commercial emails from us, you may unsubscribe at any time by following the instructions in the email or by sending an email to email@example.com. Please be aware that if you refuse to receive commercial emails from us or change the nature or frequency of promotional communications, it may take up to ten (10) business days for us to process your request. In addition, even after you have refused to receive commercial messages from us, you will continue to receive administrative messages from us about Ekyno, updates…
Ekyno has no direct relationship with Sports Users or with third parties whose Personal Data it may process on behalf of a Coach User. A person seeking access to, or seeking to correct, modify, delete inaccurate data or withdraw consent for another contact should address his request to the concerned User with whom he deals directly.
If the user requests Ekyno to delete the data, we will respond to the user’s request within thirty (30) days. We will only remove, modify or block access to the personal data we store if we receive a written request from the User responsible for such personal data, unless we have a legal right to retain such personal data. We reserve the right to keep a copy of this data for archiving purposes or to defend our rights in the event of a dispute. Any request for User Data should be sent by email to firstname.lastname@example.org and include sufficient information to identify the user and the information to be deleted or modified.
If you need further assistance regarding your rights, please contact us email@example.com, we will review your request in accordance with applicable laws.
We keep your account information, such as your name, email address and password, as long as necessary to operate your account. We keep other information, such as your exercise or activity data, until you inform us that you wish to delete the data or your account, as we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services as long as necessary for the legitimate interests of our company, for legal reasons or to prevent harm, as described in the previous sections.
We work hard to keep your data safe. We use a combination of technical, administrative and physical controls to maintain the security of your data. We comply with generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized modification, unauthorized disclosure or access, abuse and any other illegal form of processing of Personal Data in our possession. This includes, for example, firewalls, password protection, encrypted disk storage, dual authentication, and other access and authentication controls. We use SSL/TLS technology to encrypt data when it is transmitted over the Internet, and we also use application layer security features to further anonymize personal data.
However, please be aware that no method of transmitting or storing electronic data is 100% secure. We are not responsible for circumventing privacy settings. We cannot guarantee the security of any information you transmit to us or store on Ekyno, and you do so at your own risk. In addition, we cannot control the actions of other users with whom you may choose to share your information. In addition, even after deletion of the information published on Ekyno, caching and archiving services may have recorded this information, and other users or third parties may have copied or stored the information available on Ekyno. We cannot guarantee that the information you publish or transmit to Ekyno will not be accessed by unauthorized persons.
If you have a security problem, or believe that your personal data has been compromised, please contact us at the following address: firstname.lastname@example.org. If we become aware of a breach of security systems, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
We will not share any personal data with third parties for direct marketing purposes. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Ekyno may contain features or links to services provided by third parties. Any information you provide on third party sites or services is provided directly to the operators of those services and is subject to the privacy policies of those operators. We are not responsible for the content or the privacy and security practices and policies of third party sites or services to which access is provided via Ekyno. We encourage you to learn more about the privacy and security policies of third parties before providing them with information. To find the names and accesses of these third parties, please refer to paragraph: 2. the information we collect.