Article 1. Definitions
a. Het Gymlokaal BV: the user of these general terms and conditions. Het Gymlokaal located at the Dr Jan van Breemenstraat 1 in Amsterdam, registered with the Chamber of Commerce, number 77893298;
b. agreement: the agreement between Het Gymlokaal and the member;
c. member: the natural person who enters into an agreement with Het Gymlokaal;
d. training: the (personal) training session, group lesson, the parkour lesson, or (kick) boxing lesson provided by Het Gymlokaal;
e. trainer: the natural person who gives the training on behalf of Het Gymlokaal;
f. gym: the gym at Het Gymlokaal;
g. website: the website www.hetgymlokaal.nl that is managed by Het Gymlokaal.
Article 2. Personal data
2.1. Careful handling of personal data is of great importance to Het Gymlokaal. With regard to the processing of personal data, Het Gymlokaal acts in accordance with applicable laws and regulations, including the General Data Protection Regulation (EU-AVG/ GDPR).
2.2. Het Gymlokaal handles personal data with great care and treats it confidential.
2.3. Het Gymlokaal collects personal data from the data subject when he/ she visits the website, uses the app of Het Gymlokaal, has contacted Het Gymlokaal by telephone or e-mail, enters into an agreement with Het Gymlokaal, or visits the gym personally.
2.4. Het Gymlokaal collects and processes the following personal data:
a. First and last name;
c. ZIP code and city;
d. Phone number;
e. E-mail address;
f. Date of birth;
h. Bank account number;
i. IP address;
j. Surfing behaviour;
k. Location data;
l. Video footage;
2.5. Het Gymlokaal does not process special personal data of those involved.
Article 3. Basis and purposes of the processing
3.1. The basis for the processing of personal data is to execute the agreement or, at the request of the data subject, to take pre-contractual measures. The processing of video images of those involved by means of camera surveillance is based on the legitimate interest of Het Gymlokaal, namely the prevention of theft and the safety of its employees. The basis of the processing of photographs is the consent given by those concerned in relation to concluding the agreement, see also article 4.6 of the general terms and conditions of Het Gymlokaal.
3.2. Het Gymlokaal collects and processes personal data for the following purposes:
a. dealing with a question and/ or comment from the data subject;
b. the conclusion of the agreement;
c. being able to address the person involved in correspondence with madam or sir or derivatives thereof;
d. to be able to contact the person involved concerning the execution of the agreement;
e. to debit the costs of the membership by direct debit from the bank account number of the data subject;
f. to provide the data subject with the best possible service, including services like matching exercises based on the gender and age of the data subject;
g. to comply with administrative duties;
h. to improve the website of Het Gymlokaal;
i. generating general statistics about the use of the website;
j. being able to find out which person has acted unlawfully with regard to our gym;
k. to promote the services of Het Gymlokaal through Facebook and/ or Instagram.
3.3. The provision of their name, address, telephone number, e-mail address and bank account number of the data subject is a contractual obligation. Its impossible to conclude an agreement without a name, address, telephone number, e-mail address and bank account number.
3.4. Het Gymlokaal will not store the personal data for longer than strictly necessary to achieve the goals for which the personal data are processed, as described in Article 3.2. The retention period differs per person data. Video images are stored for up to 4 weeks, unless there are good reasons to preserve the video images for a longer period of time, for example, for an investigation in response to an incident. After the retention period, personal data will be deleted or anonymised.
3.5. Het Gymlokaal only processes the minimum required personal data for the existing purposes. Het Gymlokaal always strives for minimal data processing.
3.6. Het Gymlokaal will not process any personal data for purposes other than those described above.
Article 4. Deleting personal data
4.1. Het Gymlokaal will remove personal data from its systems without unreasonable delay, if, for example:
a. the personal data are no longer required for the purposes for which they were processed;
b. the data subject objects to the processing of his personal data, and this objection is justified;
c. the personal details are incorrect or out of date.
4.2. Het Gymlokaal is not obliged to delete personal data if one of the situations described in the law (EU-AVG/ GDPR) not apply to the right to forgetfulness.
Article 5. Photos
5.1. If Het Gymlokaal has placed a picture on Facebook or on Instagram, the person visible has the right object to the placement of the photo. In such a case, Het Gymlokaal will remove the photo from its Facebook and/ or Instagram page as soon as possible.
5.2. Photos of a child under the age of 16 are only placed on Facebook or Instagram if the parent or the legal representative of the child has given its permission.
Article 6. Provision of personal data to third parties and processors
6.1. Het Gymlokaal will not provide the personal data of its clients to third parties unless:
a. Het Gymlokaal has received explicit prior permission from the data subject;
b. there is a legal basis that allows personal data to be provided to a third party;
c. Het Gymlokaal is legally obliged to do so;
d. it is necessary for the execution of the agreement;
6.2. The data subject may withdraw his consent to provide personal data to third parties at any time.
6.3 As a processor, Het Gymlokaal has, among others, enabled Virtuagym. Virtuagym stores data at Amazon Web Services in Ireland. Employees of Virtuagym only have access to personal data if this is necessary in the context of the services that Virtuagym provides to Het Gymlokaal.
Article 7. Right of access, right to data portability, rectification and deletion
7.1. Upon request, Het Gymlokaal grants the data subject access to all personal data held by Het Gymlokaal and Het Gymlokaal and provides the data subject with a copy of these data free of charge and in such a form that the data subject can provide the personal data to a third party.
7.2. Het Gymlokaal offers the data subject the opportunity to correct or erase incorrect data that Het Gymlokaal keeps from him/ her, free of charge.
7.3. A request for access, modification or deletion of data can be submitted in writing or via e-mail to Het Gymlokaal, see article 10.1 for the contact details of Het Gymlokaal.
Article 8. Objection
8.1. The data subject can object to the processing of his/ her personal data at Het Gymlokaal if he/ she has a good reason for this in relation to his/ her specific situation. After Het Gymlokaal has received the objection from the data subject, Het Gymlokaal will stop processing the personal data of the data subject, unless Het Gymlokaal has legitimate interests in the processing of personal data that outweigh the interests of the data subject.
Article 9. Right of restriction
9.1. If a request has been submitted by the data subject, in connection with adjusting, supplementing or deleting his/ her personal data, or an objection has been submitted in connection with the processing of his/ her personal data, and the handling, processing and execution of this request or objection takes some time, the data subject may request Het Gymlokaal to limit the processing of his/ her personal data.
Article 10. Contact
10.1. For questions about the way Het Gymlokaal handles the processing of personal data, the withdrawal of a permission in connection with the processing of personal data, the access to personal data that Het Gymlokaal processes, the request for a copy of the personal data, the request to change or delete personal data, the request to restrict the processing of the personal data, or the filing of objections against the processing of personal data, the data subject can contact Het Gymlokaal via the contact details below.
Het Gymlokaal Noord
Address: Grasweg 53a, 53b
Zip code/ City: 1031HX Amsterdam
Email address: email@example.com
Phone number: 020 - 773 58 97
10.2 Het Gymlokaal will respond as soon as possible to a request as described in article 10.1, and in any case within 4 weeks.
10.3. If at the request of the data subject, Het Gymlokaal corrects, supplements or deletes the personal data, or terminates the processing of the personal data, or has processed a revoked consent, Het Gymlokaal informs the data subject.
Article 11. Security measures
11.1. In order to prevent access to personal data by unauthorized persons, loss, theft and unlawful use of personal data, Het Gymlokaal has taken various security measures, including measures against unauthorized access, use, modification, unlawful and accidental destruction, and unintentional loss of personal data. Het Gymlokaal has, among others, taken the following security measures:
a. The use of systems with strong passwords to prevent unauthorized access to the information;
b. Physical protection of IT facilities, equipment, and the server with the data, against unauthorized access and against damage;
c. Paper contracts are stored in closed cupboards that are only accessible to the manager of Het Gymlokaal;
d. If the agreement with the data subject ends, the paper agreement will be destroyed by means of a shredder;
e. No paper copies of the agreements containing personal data are made, unless this is requested by the data subject;
f. Email messages from data subjects are not printed out;
g. The gym has an alarm system;
h. Keeping software up-to-date;
i. Periodically checking (or having checked) the safety measures taken.
11.2. All employees of Het Gymlokaal and third parties engaged by Het Gymlokaal, including a processor, who have knowledge of personal data in the context of their duties are obliged to maintain strict confidentiality.
Article 13. Changes
Article 14. Data breach
14.1. In case a security incident has occurred at Het Gymlokaal and personal data of a sensitive kind has leaked, or in case there is a serious adverse consequence for the protection of the processed personal data because of other reasons, Het Gymlokaal files, if possible, within 72 hours after the detection the data breach a report to the Dutch Data Protection Authority [Autoriteit Persoonsgegevens] and act in accordance with the Rules on Reporting Data Breaches [Beleidsregels Meldplicht Datalekken] of the Dutch Data Protection Authority.
14.2. If there is a data breach at Het Gymlokaal that has adverse consequences for the privacy of the data subject, Het Gymlokaal informs the data subject without delay.
Article 15. Cookies
15.1. The website uses functional and analytical cookies.
15.2. A cookie is a small text file that is stored in the browser of the device of the data subject at the first visit to the website.
15.3. The data subject can opt out of cookies by setting up his/ her internet browser in such a way that one or more types of cookies are no longer placed. In addition, the data subject can also delete all information previously stored via the settings of his browser. The data subject can find more information about switching cookies on and off and the removal of cookies using the help function of his/ her browser.
15.4. Types of cookies and goals:
The party that places the cookie
The type of cookie
The purpose for which the cookie is placed
Functional cookies ensure that the website is functioning properly.
Het Gymlokaal for the purposes of using Google Analytics
Through the use of analytical cookies, Het Gymlokaal can see how the data subject uses the website. Learning from this Het Gymlokaal can improve the website accordingly. Analytical cookies are not shared with third parties, are not used by third parties, and are not linked to the name or email address of the data subject. Het Gymlokaal has set up Google Analytics in such a way that visitors to the website remain anonymous.
Article 16. Submitting a complaint