The Centre is operated by Evolution Wellness (Hong Kong) Limited., with a business address at Unit 916, 9/F, Lippo Sun Plaza, 28 Canton Road, Tsim Sha Tsui, Hong Kong (“The Company”). The principal objective is to provide health and leisure facilities for Centre Members and their Guests. The Home Centre is where a member joins or visits most frequently. The Company has appointed a Management team (“The Management”), who are responsible for the operation of The Centre.
Provision of Personal Data
a) The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:
(1) processing, administering and managing your Fitness First Contract;
(2) processing any transactions or payments made by you and to maintain payment records;
(3) contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Fitness First Contract ;
(4) for publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or pro¬filing) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;
(5) record-keeping purposes;
(6) responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
(7) complying with any applicable law, regulation, legal process or government request; and
(8) storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong
c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Hong Kong or outside of Hong Kong, for one or more of the purposes set out above:
(1) the Company’s head office, affiliates and subsidiaries;
(2) any of the Company’s agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to : (i) to provide and maintain any IT equipment used to store and access your personal information; (ii) to operate the; or (iii) otherwise in connection with the provision of Fitness First services to you;
(3) the Company’s auditors and legal advisors;
(4) financial institutions, credit card companies and payment processors; and
(5) public and governmental / regulatory authorities, courts and other alternative dispute forums.
e) Data relating to Fitness First Cardholders or guests may be used for processing services, collection of Dues, locker fees, service fees and other payments required under the Rules or used in connection with the operation of the Fitness First Centre and any ancillary or related purpose thereto.
f) The Fitness First Centre may provide and transfer such data to any other Centre of the Company, the Company or any member of the Company’s Group, any agent, collection agency, contractor or person who provides administrative, telecommunications, computer and other services to the Fitness First Centre in connection with the operation of the Fitness First Centre business. As a Fitness First Cardholder, you have the right to request access to and correct your personal data held by the Fitness First
g) Centre in relation to you, upon payment of a reasonable processing fee, and you can make such requests to your Fitness First Centre of enrolment.
h) If you have once accept to give us and use of your personal data, you may receive from us from time to time administrative news, direct marketing telephone calls, emails, SMS, direct mailings or other means, the same of which contain promotional materials. You may opt-out from receiving marketing communications at any time, free of charge, by:
Sending us a written request by:
i) Email to: email@example.com
ii) Updating your communication preferences at our front counter
our corporate privacyThe Company's officers, management, and members of staff shall, at all times, respect the confidentiality of and endeavor to keep safe any and all personal data collected and/or stored and/or transmitted and/or used for, or on behalf of, the Company. The Company shall endeavor to ensure all collection and/or storage and/or transmission and/or usage of personal data by the Company shall be done in an appropriate manner for membership applications, and internal purposes. Where an individual legitimately requests access to and/or correction of personal data relating to the individual, held by the Company, then the Company shall provide and/or correct that data in an appropriate time and manner.
Statement of Practices
Types of Personal Data Collected:
For the purpose of carrying on the Company's business, including registration and administration of the Company's related products and services (including relevant online services), you may be requested to provide personal data such as, but not limited to, the following, without which it may not be possible to satisfy your request:
- Your name;
- Correspondence address, and/or billing address;
- Payment details, including credit card and banking information;
- Contact details, including contact name and telephone number or email address
- Your image taken at our premises with a web cam (or like equipment ) for visual identification
Fitness First may employ other companies or individuals to assist us in providing our services, or to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes.
In some instances, you may also be requested to provide certain data that may be used to further improve our products and services and/or better tailor the type of information presented to you. In most cases, this type of data is optional although, where the requested service is a personalised service, or provision of a product or dependant on your providing all requested data, failure to provide the requested data may prevent us from providing the service to you. This type of data includes, but is not limited to:
- Your age;
- Salary range and employment details;
- Education and Profession;
- Hobbies and leisure activities;
- Other related products and services subscribed to; and
- Family and household demographics.
Some of the Company's Websites may place a "cookie" on your machine; for example to provide personalised services and/or maintain your identity across multiple pages within or across one or more sessions. This information may include, but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across our Websites.
Under certain circumstances, telephone calls made to our order and/or service hotlines and/or inquiry telephone numbers are recorded for the purposes of quality control, appraisal, as well as staff management and development. Unless expressly indicated at the time of calling, such recordings are NOT personal data of the caller and therefore, in respect of the caller, are not subject to the various provisions of the Ordinance and the caller has no rights and/or claims; either statutory, contractual or tortuous, over or to such data. At all times, every care is taken to protect such recordings from inadvertent and/or unauthorized access.
Purposes for collection, use, disclosure and processing of personal data
We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
1. Considering and/or processing your membership application with us, including to require you to fill in relevant forms which sets out your health and lifestyle to ascertain your fitness level at the point of application with us;
2. Facilitating and managing your membership with us, including, without limitation;
a) Granting you access into the Fitness First facilities and clubs according to the terms of your membership;
b) Providing and arranging your personal training programmes and other fitness lessons provided by Fitness First;
c) Providing you with service or club/facilities status updates;
d) Administering your personal training and other training/fitness packages;
e) Processing the payment of your membership fees and / or any other relevant charges that may be incurred by you;
f) Operating Fitness First’s members’ database;
g) Providing you with any benefits as indicated by the terms of your membership, including to administer the relevant referral programs applicable to your membership;
h) Providing you with our Class Booker application for you to making booking(s) for Group Exercise classes;
i) Tracking your fitness levels with systems provided by us or our service providers
j) Providing you with a fitness evaluation where requested by you;
k) Facilitating the payment and provision of private locker rentals;
l) Managing your access to online services provided by Fitness First;
m) Managing your access to our mobile apps (including the Fitness First app) and online services provided by the Company;
n) Where your image is captured on any Fitness First club/facilities, to be used for publicity purposes;
3. Carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;
4. Contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your membership with us such as but not limited to communicating information to you related to:
a) The status of your membership;
b) Any service or club/facilities status updates;
c) Reminders for appointments and / or sessions that you have booked with Fitness First, whether through email or a notification through our Class Booker application;
d) Outstanding payments or membership fees; or
e) Any of the purposes as indicated in paragraphs 1 and 2 above;
5. Carrying out due diligence or other screening in accordance with any legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
6. To prevent or investigate any fraud, unlawful activity or omission or misconduct, whether relating to your membership with us or any other matter arising from your membership with us, and whether or not there is any suspicion of the aforementioned;
7. Complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including meeting the requirements to make disclosure under the requirements of any law binding on us and/or for the purposes of any guidelines issued by regulatory or other authorities, whether in Hong Kong or elsewhere, with which we are expected to comply;
8. Complying with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclosure your personal data to the aforementioned parties upon their request or direction;
9. Conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance your membership with us or for your benefit, or to improve any of our products or services for your benefit;
10. Storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Hong Kong ;
11. Providing and sending you marketing, advertising and promotional information, materials and/or documents relating to your membership with us which we think may be of benefit or interest to you, via (i) postal mail to your postal address(es) and/or electronic transmission to your email address(es), and via telephone calls, SMS/MMS and/or facsimile to your telephone number(s);
12. If you have used our clubs as a guest or trial pass user, or have signed up with us during our promotional events, providing and sending you marketing, advertising and promotional information, materials and/or documents relating to our membership and clubs, via (i) postal mail to your postal address(es) and/or electronic transmission to your email address(es), and (ii) if so consented by you, via telephone calls, SMS/MMS and/or facsimile to your telephone number(s) provided by you;
(collectively, the “Purposes”)
As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law.
In order to conduct our business operations more smoothly, we may also be disclosing the personal data you have provided to us to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Hong Kong or outside of Hong Kong , for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Examples of service providers include companies that provide web hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing, debt recovery and other services
Accuracy of Personal Data
Where possible, we will validate data provided using generally accepted practices and guidelines. This includes the use of checksum verification on some numeric fields such as account numbers or credit card numbers. In some instances, we are able to validate the data provided against pre-existing data held by the Company. In some cases, the Company is required to see original documentation before we may use the personal data such as with Personal Identifiers and/or proof of address.
Storage and Retention of Personal DataFitness First will endeavour to take all reasonable steps to keep secure any personal information recorded, and to keep this information accurate and up to date. The information is stored on secure servers if in digital format, or in locked areas if in hard copy format: these repositories are protected in controlled facilities. In some cases these facilities may be overseas.
Fitness First employees and data processors are obliged to respect the confidentiality of any personal information held by Fitness First. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Fitness First will not be held responsible for events arising from unauthorized access to personal information.
The Company will destroy any personal data it may hold in accordance with our internal retention policy. The policy states that:
- Personal data will only be retained for as long as is necessary to fulfill the original or directly related purpose for which it was collected, unless the personal data is also retained to satisfy any applicable statutory or contractual obligations; and
- Personal data are purged from the Company's electronic, manual, and other filing systems in accordance with specific schedules based on the above criteria and the Company's internal procedures.
Disclosure of Personal Data
All personal data held by the Company will be kept confidential but the Company may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the data was collected provide such information to the following parties:
- Any subsidiaries, holding companies, associated companies, or affiliates of, or companies controlled by, or under common control with the Company;
- Any person or company who is acting for or on behalf of the Company, or jointly with the Company, in respect of the purpose or a directly related purpose for which the data was provided;
- Any other person or company who is under a duty of confidentiality to the Company and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information; and
- Any financial institutions, charge or credit card issuing companies, credit information or reference bureau, or collection agencies necessary to establish and support the payment of any services being requested.Personal data may also be disclosed to any person or persons that have a right under Hong Kong law to gain access to such information provided they are able to prove their authority to access such information. For example, if the Company were served with a court order demanding certain customer information then the Company would disclose the information to the duly appointed officer of the court or such other persons as the court orders.
Transfer of Personal Data Outside of HONG KONGAt times it may be necessary and/or prudent for the Company to transfer certain personal data to places outside of Hong Kong in order to carry out the purposes, or directly related purposes, for which the personal data were collected. Where such a transfer is performed, it will be done so in accordance with Fitness First internal policy, and local legislation such as the Personal Data (Privacy) Ordinance, Cap. 486 of the laws of Hong Kong
Security of Personal DataPhysical records containing personal data are securely stored in locked areas and/or containers when not in use. Computer data are stored on computer systems and storage media to which access is strictly controlled and/or are located within restricted areas. Access to records and data without appropriate management authorization are strictly prohibited. Authorizations are granted only on a "need to know" basis that is commensurate with an individual's Company responsibilities and their training. Records of the Company are under the control of assigned information officers who are responsible to ensure the transfer of or access to information is legitimate. Audit records may be produced to validate data modifications in order to verify the data's integrity. There may be violations logging processes for investigation of any unauthorized attempt to access information. Encryption technology, such as SSL, may be employed for the transmission of data collected online.
Access and Correction of Personal Data
Individuals have the right to :
- Check whether the Company holds any personal data relating to them and, if so, obtain copies of such data;
- Require the Company to correct any personal data relating to them which is inaccurate for the purpose for which it is being used.
Access and Correction of Personal Data
Individuals have the right to :
1. Check whether the Company holds any personal data relating to them and, if so, obtain copies of such data;
2. Require the Company to correct any personal data relating to them which is inaccurate for the purpose for which it is being used.
Direct MarketingThe Company will honor an individual's request not to use his or her personal data for the purposes of direct marketing. Any such request should clearly state details of the personal data in respect of which the request is being made. Specifically, we request that you include the corresponding Company assigned account numbers which are printed on the Company's statements/invoices. Please also state clearly the authority under which you are authorized to make such a request. Unless otherwise instructed as per the above, the Company may use any of the data collected in the normal course of its business for marketing purposes.
Fitness First and links to other web sitesFitness First provides links to web sites outside of the Fitness First site. These linked sites are not under the control of Fitness First, and Fitness First is not responsible for the conduct of companies linked to the Fitness First web site, nor for the performance or otherwise of any content and/or software contained in such external websites.
Change PolicyFitness First reserve the right to alter any of the clauses contained herein in compliance with local legislation, to meet its global policy requirements, and for any other purpose deemed necessary by the Company.
Fivelements Personal Information Collection StatementThis statement is issued by Evolution Wellness (Hong Kong) Limited operating the "Fivelements" brand (hereinafter referred to as "we", "our" or "us") in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the "Ordinance"). This statement intends to notify you why your personal data (defined below) is collected, how it will be used, to whom the personal data will be transferred and to whom data access and correction requests are to be addressed.
What is "Personal data"?"Personal data" is defined under the Ordinance to mean any data:-
a) relating directly or indirectly to a living individual;
b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and
c) in a form in which access to or processing of the data is practicable.
Purpose of CollectionFrom time to time, we may collect your personal data to provide our services to you and to improve our system so as to make your customer experience better. The personal data collected from you will be used by us for one or more of the following purposes:-
a) registering you as a new customer;
b) processing, administering and managing any contract entered into between you and us;
c) ascertaining the kind of information and services to be provided to you;
d) processing any transactions or payments made by you and maintaining payment records;
e) contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail;
f) providing information and our services to you;
g) improving our website (https://fivelements.com/);
i) administering and protecting our business and our website including but not limited to troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
j) delivering relevant content and advertisements to you and making recommendations to you about goods and service that may be of interest to you, if we have obtained your express consent to the use of your personal data for this purpose;
k) preventing and detecting frauds, malicious software and managing security incidents;
l) complying with court orders and/or any disclosure requirements under the laws of Hong Kong;
m) collecting and recovering money owed to us; and
n) managing and resolving disputes between you and us including but not limited to responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;
Please note that you are not obliged to provide your personal data to us but if you do not, we may not be able to provide you with our services and/or products.
We will indicate in the relevant forms or applications if the required personal data is for obligatory or voluntary purposes. If personal data is to be used for an obligatory purpose, we will not be able to provide the service for which you are applying if you fail to supply such personal data to us. If personal data is only to be used for a voluntary purpose, you can choose not to supply such personal data to us.
Classes of TransfereesPlease note that we may disclose or transfer your personal data to one or more of the following parties in or outside Hong Kong for one or more of the purposes set out in this statement:-
a) our head office, affiliates and subsidiaries which operate the business of providing similar services as those provided to you by us;
b) third party service providers facilitating our provision of services and information to you;
c) third party service providers providing software applications, functionality, data processing and/or IT systems and services to us;
d) third party service providers assisting us in our internal administration and management;
e) third party service providers assisting us with our marketing activities;
f) auditors, lawyers, accountant and other professional advisers;
g) financial institutions, credit card companies, payment processors, credit information or reference bureau, collection agencies;
h) governmental, regulatory or judicial authorities and/or law enforcement body as required by, or in accordance with the applicable laws and/or regulations to which we are subject;
i) third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as us; and
j) any other person or company who is under a duty of confidentiality to us and has undertaken to keep such information confidential, provided that such person or company has a legitimate right to use such information;
Use of Personal Data in Direct MarketingWe intend to use your name, mobile phone number, correspondence address and email address for direct marketing purposes to provide you with information relating to provision of health and leisure facilities through direct-mail, email, telephone, SMS, printed matter, newsletter, brochure and leaflets.
We cannot use your personal data in direct marketing unless we have your consent which includes an indication of no objection to the intended use.
If your do not consent to our use of your personal data for the relevant direct marketing purposes, please indicate accordingly in the relevant forms and/or applications in the designated place by ticking the relevant box. If you do not tick the box, you agree that we may use your personal data for the relevant direct marketing purposes.
If you want to withdraw your consents for us to use your personal data for direct marketing purposes, you may, at any time without charge, contact our Data Protection Officer by sending an email to firstname.lastname@example.org or a letter to Level 13A, Times Square,1 Matheson Street, Causeway Bay, Hong Kong.
Rights of Access and Correction of Personal DataPursuant to the Ordinance, you have the right to request access to and correction of your personal data held by us. Under the Ordinance, we are entitled to charge a reasonable fee to process the access request. If you wish to process or correct your personal data, please contact our Data Protection Officer by email at email@example.com or by letter to Level 13A, Times Square,1 Matheson Street, Causeway Bay, Hong Kong.
We will comply with the data access or correction request within 40 days after we have received your request. If for reasons provided for under the Ordinance we are of the view that we are unable to comply with your request or that we are entitled to refuse your request, we will notify you with reasons of such refusal within 40 days after receiving the said request from you.
Regarding any data correction request, if the relevant personal data provided by you has been disclosed to a third party during the 12 months immediately preceding the day on which the correction is made and that we have no reason to believe that the third party has ceased using that personal data for the purpose for which the personal data was disclosed to that third party, we will take all practicable steps to supply the third party with a copy of the personal data so corrected accompanied by a notice in writing stating the reasons for such correction.
Change PolicyFivelements reserve the right to alter any of the clauses contained herein in compliance with local legislation, to meet its global policy requirements, and for any other purpose deemed necessary by the Company.