PRIVACY POLICY MY TRACE
Energy NV, a company under Belgian law with registered office at Schoebroekstraat 8, 3583 Paal, and with company number 0872.287.544 (hereinafter: “Energy Lab” or “we”).
This document provides a description of how Energy Lab collects and uses personal data in the context of the MyTrace app and website. We also explain how we store your personal data and how we protect your personal data against misuse, and what rights you have with regard to the personal data that you have provided to us. This Privacy Policy must be read together with the Energy Lab General Terms of Use, which can be consulted in the MyTrace app and on the website.
We collect and process personal data from the users who register on the MyTrace app. If you create an account, you are required to confirm that you have received and read this Privacy Policy. If you don’t agree with the processing it describes, you may no longer use the MyTrace app, and we will not be able to provide the services.
Energy Lab is entitled to consult or use your personal data, either with your explicit consent, for the implementation of the services that have been defined in an agreement, or on any legal basis.
We reserve the right to modify, update or amend our Privacy Policy at any time. You will always find the most recent version on this page, however. We therefore recommend that you check this policy on a regular basis, in order to be sure that you are aware of any changes. If the new Privacy Policy has consequences for the way in which we process the data that we have already collected about you, we will notify you accordingly by e-mail.
1. Scope and purpose of the Privacy Policy
Data controller – Energy Lab acts as the data controller with regard to the personal data the company collects in the context of the services referred to in this privacy policy; except for the personal data Energy Lab collects in the context of the purchase of a paying event, the company acts as the processor.
GDPR – This Privacy Policy for the protection of your personal data is strictly in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and on the repeal of Directive 95/46/EC (“AVG” in Dutch, “GDPR” in English).
Contact – If you have questions about this privacy statement, or about the manner in which we collect, use or otherwise process your personal data, please contact us by sending an e-mail to the following e-mail address: privacy@energylab.be.
2. What personal data do we collect?
We can collect personal data that is provided by you or by third parties, insofar as this is necessary or useful for the functioning of the MyTrace app and the provision of our services.
This type of information may consist of:
| Activity | Personal data | Legal basis | Context |
| The registration on the MyTrace app | First name Last name E-mail address Gender Date of birth Country Language Photo (optional) | Contractual necessity | If you register on the MyTrace app, we will collect and process the necessary personal data to create your account so you can participate in the online events. |
| Logging in to the MyTrace app with e-mail address | E-mail address Confirmation code | Contractual necessity | If you log in to the MyTrace app, we will collect and process the necessary personal data so that you can log into your account. |
| Purchasing a paid event from the Apple Store or Google Play Store or signing up for non-paid event | E-mail address Password Event code | Contractual necessity | If you purchase a paid event from the Apple Store or Google Play Store or a non-paid event through the MyTrace app, we collect and process the necessary personal data to be able to link the event to your account. |
| Supplementing/modifying your profile data | Data that is modified/supplemented | Contractual necessity | If you modify your data, we collect this personal data in order to update your account. |
| Overview of participation | Distance Time GPS location Time of day Match report Finish photo/photo during the race | Contractual necessityConsent in the case of sensitive data | We collect and process your personal data in order to provide you with an overview of all the workouts that you have registered in the MyTrace app. |
| Subscription to the newsletter | E-mail address | Consent | We collect and process your personal data if you sign up for our newsletter/APP updates and special offers. |
| The improvement of our MyTrace app/website and services | The personal data you have provided us with | Legitimate interests | We can make use of the data you have provided us with in order to improve our MyTrace app and services. We will at all times use this personal data in a GDPR-compliant form, using the most modern and patented software and solutions. |
| Visit to the MyTrace website | IP address Cookies Internetpages Connection times Usage data Language preferences | Consent Legitimate interests for strictly necessary cookies | To provide you with a better uder experience when you visit the website, and to allow us to optimize our website. |
| Communicating about the app through reviews and testimonials | Name/nickname Photos Testimonial/review | Consent | We collect this data to communicate to others about the MyTrace app and to share your experiences. |
| Filling in the contact form | Name E-mail address Other personal data that you spontaneously share with us | ConsentNecessary fot the follow-up of your request | In order to respond to your question, request or comment, or to help you with the MyTrace app or website, if you ask for this. |
We collect your sensitive personal data (location data) when you use the MyTrace app. This is only done with your explicit consent.
You are not obliged to provide us with your personal data, but then it will not be possible to create an account on the MyTrace app and to register workouts.
Direct marketing
Your personal data will only be used for direct marketing purposes if you have given us your explicit prior consent to do so in the MyTrace app.
Your e-mail address can be removed from our direct mailing list free of charge at any time, without giving any reason, by clicking the unsubscribe button that you can find at the bottom of each promotional e-mail.
3. Why do we process personal data?
We collect and process your personal data in order to provide you with a secure, comfortable and personal experience when using the MyTrace app.
The information we collect about you is mainly processed to help us ensure the proper technical operation and to improve the quality and content of the APP, on the basis of the legal purposes of “consent”, “legal obligations” and “contractual necessity” or “legitimate interests”, as permitted under the GDPR.
Your personal data is thereby exclusively used for the following (internal) purposes:
| Activity | Processing purpose |
| The registration on the MyTrace app | We collect this personal data in order to create your account so that you can register your workouts, and to provide you with a better user experience. |
| Logging in to the MyTrace app with e-mail address | This personal data is processed to enable you to log in to the MyTrace app. |
| Purchasing a paid event from the Apple Store or Google Play Store or a non-paid event | We collect and process the necessary personal data in order to be able to link the subscription to your account. |
| Supplementing/modifying your profile data | We collect and process this personal data in order to be able to update your account with the data you have added/modified. |
| Overview of participation | We collect and process your personal data in order to provide you with an overview of all the workouts that you have registered in the MyTrace app. |
| Subscription to the newsletter | We collect this data in order to keep you informed of relevant updates with regard to the MyTrace app/events. |
| The improvement of our MyTrace app/website and services | In order to continuously improve the MyTrace app/website, we will use your personal data in a GDPR-compliant manner by making use of anonymisation or pseudonymisation techniques. This also applies with regard to the further use of your data for legitimate secondary purposes. |
| Visit to the MyTrace website | To provide you with a better user experience when you visit the website, and to enable us to optimise our website. |
| Communicating about the app through reviews and testimonials | We process this data to share your experiences about the app with others. |
| Filling in the contact form | We collect this personal data in order to respond to your question, request or comment, or to help you with the MyTrace app or website, if you ask for this. |
4. How (long) do we process personal data?
We never retain your data longer than is necessary in order to provide you with our services , for the purposes specified in this Privacy Policy, and for the legal purposes for which we are obliged to retain the information. If we no longer need to use your data, and there is no need for us to retain your data in order to comply with our legal or regulatory obligations, we will remove the data from our systems, or anonymise it so that we can no longer identify you.
A deceased person’s account may be managed by a family member or a loved one. The personal data we process at that time are name, e-mail address, connection to the deceased person and the death certificate. This data will not be retained.
| Activity | Retention period |
| Registration on the MyTrace app | Up to 5 years from inactivity |
| Logging in to the MyTrace app with e-mail address | Up to 5 years from inactivity |
| Purchasing a paid event from the Apple Store or Google Play Store or registering for a non-paid event | Up to 5 years from inactivity |
| Supplementing/modifying your profile data | Up to 5 years from inactivity |
| Overview of participation | Up to 5 years from inactivity |
| Subscription to the newsletter | Up to 5 years from inactivity |
| The improvement of our MyTrace app and services | Up to 5 years from inactivity |
| Visit the MyTrace website | With regard to cookies, the retention period can vary depending on the specific cookie, ranging from the end of the session up to 3 years afterwards. |
| Communicating about the app through reviews and testimonials | Up to 2 years after testimonial/review |
| Filling in the contact form | We will retain the data for 2 years after your initial request. |
5. With whom do we share personal data?
We do not share your data with third parties for commercial purposes. In certain cases, however, your data may be shared with other companies of the GOLAZO Group, of which Energy Lab is a part, or in the case of a transfer of activities from our company. These companies will, however, only use your data in accordance with the purposes specified in this Privacy Policy.
In the case of private events organised for the employees and guests of a company, participant information and results will be communicated to that company, for the purpose of internal communication within that company.
In certain cases, your personal data may be shared with third parties who provide services to us. This may relate to services that are provided by partners, IT providers, mail providers, cloud providers or statistics administrators such as, for example, Nextapps.
In addition, we are obliged to communicate your personal data when this is required by law or by a court decision. If we have to pass on personal data to third parties in other situations, this will only happen with your consent where this is legally required.
We will not sell, rent, distribute or otherwise make your personal data commercially available to third parties, except as provided for in this Privacy Policy, or if you have given your explicit prior consent.
Only specific members of our reliable team have access to the information you give us. We have taken all legal and technical precautions to prevent unauthorised access and use. We guarantee a similar level of protection by imposing contractual obligations on these suppliers and service providers that are comparable to this Privacy Policy.
6. Transfer of personal data outside the EEA
Insofar as personal data is stored outside the European Union, we use contractual or other measures to ensure that they are stored under suitable protective measures, comparable to the level of protection they would benefit from in the European Union.
7. Use of cookies
We use several types of cookies in the APP, as specified in our cookie policy.
8. Exercising your rights
The right to access and the right to obtain a copy
You have the right to freely access your personal data at any time, and to be informed about our purpose for processing your personal data.
The right of correction, deletion or restriction
You have a choice when it comes to sharing personal data with us. You always have the right to ask us to modify your personal data. You can also request to limit the processing of your personal data if you believe that your personal data is incorrect, and you subsequently inform us accordingly.
In addition, you have the right to ask us to delete your personal data insofar as we have been unable to anonymise it. You further acknowledge that a refusal to share personal data or a request to delete your personal data will make the delivery of various services or the purchase of products impossible.
The right to object
You have the right to object to the processing of your personal data if you have serious and justified reasons for doing so. You also have the right to object to the use of your personal data for direct marketing. No specific reason is requested in this case.
The right to the transferability of data
You have the right to receive the personal data that we process about you in a structured, commonly used format, and/or to have this personal data transferred to another data controller.
The right to withdraw consent
If the processing is based on prior consent, you have the right to withdraw this consent.
Automated decisions and profiling
You have the right to request us not to be subject to a decision that is exclusively based on automated processing, including profiling, that has legal consequences for you or that significantly affects you in a similar way.
Exercising your rights
You can exercise your rights by contacting us, with a copy of the front of your identity card as an attachment, either via e-mail to privacy@energylab.be or by letter to the following address:
ENERGY NV
Schoebroekstraat 8,
3583 Paal-Beringen
Belgium
Right to submit a complaint
You have the right to submit a complaint to the Belgian Data Protection Authority:
Data Protection Authority
Drukpersstraat 35,
1000 Brussels,
Tel. +32 (0)2 274 48 00,
Fax +32 (0)2 274 48 35,
E-mail: contact(at)apd-gba.be
This is without prejudice to proceedings before a civil court.
If you have suffered damage as a result of the processing of your personal data, you can submit a claim for damages.
9.How do we secure your personal data?
We attach great importance to the security, integrity and confidentiality of personal data. To the best of our ability, we implement adequate security measures that have been designed in accordance with the latest state of the technology to protect this personal data from unauthorised access, disclosure, use and modifications. Specifically, we make use of secured connections whenever users provide personal data via the APP.
10. Choice of law and jurisdiction
This Privacy Policy is subject to, and has been drawn up according to Belgian law. In the event of a dispute, the Courts of the judicial district of Antwerp, Hasselt division, have exclusive jurisdiction.
11. Questions
Questions, remarks and requests with regard to this Privacy Policy are welcome, and should be addressed to
ENERGY NV
Schoebroekstraat 8,
3583 Paal-Beringen
Belgium
Or to privacy@energylab.be