Your privacy is very important to ELYSIUM ("ELYSIUM"). Therefore, we have developed this Privacy Policy ("Policy"), which outlines how we collect, use, share, transfer, and store user's personal data.
Please read the content of this Privacy Policy carefully, and if you have any questions, contact us via the email mentioned in item 06 of this policy.
By accepting this Policy, you declare that you have read it in full, understanding its content, and freely and expressly agreeing to the terms stipulated herein, including the collection and use of personal data for the purposes outlined below.
If you do not agree with the provisions of this Policy, you should discontinue your access or use of the ELYSIUM application and refrain from using the services provided by ELYSIUM.
1.1 When you access the ELYSIUM application and/or use the services provided by ELYSIUM, ELYSIUM collects some information about you, including personal data, as detailed below.
(i) Information provided directly by you: when registering on our ELYSIUM application, you will fill out an electronic form through which we will collect the following information: your name; CPF number; gender; date of birth; address with ZIP code; email address; phone number with area code; information on how you found us;
(ii) ELYSIUM may collect data about your health and physical condition, especially from the Physical Activity Readiness Questionnaire (PAR-Q), particularly for legal compliance and proper provision of contracted services.
(iii) When using any of the services provided by ELYSIUM or attending establishments, ELYSIUM may also collect your photograph and other biometric data for identification, authentication, and security purposes.
(iv) Payment and transaction information: to subscribe to one of the plans provided by ELYSIUM, you will provide payment data, especially credit card, bank, or debit card information, as well as payment address.
(v) Automatically collected data: ELYSIUM will automatically collect the following information from anyone using the application, whether registered or not: IP address; date and time of access or execution of any action in the application, with respective time zone indication; geolocation data; device identification (ID or IMEI code, for example); type of mobile device; type of browser and language; and time of access and interaction with the application.
(vi) Communications and Research: any information you provide in your communication with us, including
emails sent, reports to the ELYSIUM team, and interaction through social networks. On some occasions, we will send surveys for you to provide your opinion on the services provided, and thus, we will collect any information you decide to share when completing the survey.
(vii) Usage information: information about your use of the services, including class schedules and cancellations, as well as check-ins at access locations.
(viii) Third-party social networks and Internet applications: if you connect with us through your social media profile or Google account, public information from your profile may be received. 1.2 If ELYSIUM combines non-personal information with personal information, as defined by the applicable legal definition capable of identifying you, the combined information will be treated as personal information as long as it remains combined.
1.3 Professionals who have contact with the personal data listed here are subject to specific confidentiality rules and other policies applicable by ELYSIUM to its partners, employees/collaborators, and companies of the same economic group.
2.1 ELYSIUM uses cookies, pixel tags, local storage, and/or other identifiers for various functions, which are described below. You can manage cookie and other technology preferences from your browser or device settings, but this may prevent certain website features from functioning.
2.2 ELYSIUM uses cookies and other technologies to: (I) promote a personalized experience (e.g., remember your information so that your experience on websites and with offered services is more convenient and personalized; (II) assess the effectiveness of its communication and advertising by understanding and analyzing trends, learning about your behavior, obtaining information about the user base, and checking whether or not an email was read; (III) allow third parties contracted by ELYSIUM to offer targeted advertising when you access third-party websites or applications; and (IV) verify the performance of developed marketing campaigns.
2.3 ELYSIUM also uses, in some of its email messages, a click-through URL (external address). When you click on one of these URLs, you are sent to a different server before reaching the ELYSIUM destination page. ELYSIUM monitors these click-through URL data to understand interest in certain topics and assess the effectiveness of its communications with you.
2.3.1 If you choose not to be monitored in this way, you should not click on text or links in emails sent by ELYSIUM.
2.4 ELYSIUM, like its business partners, including Google, uses original cookies (such as Google Analytics cookies) and third-party cookies (such as DoubleClick cookies) together to inform, optimize, and present advertisements based on past visits to the ELYSIUM application.
2.5 Cookies used by ELYSIUM do not collect personal information about you, and they can be disabled by you at any time.
2.6 ELYSIUM may use web beacons (also known as "clear gifs" or "pixel tags") in combination with cookies to assess your use of the ELYSIUM application and interaction with emails from ELYSIUM.
2.7 You can prevent the storage of cookies by configuring your browser software accordingly. However, we inform you that, in this case, you may not be able to use all functions of the ELYSIUM application to their full extent.
2.8 If you do not agree with the use of cookies, you can reject the use of cookies by selecting the appropriate settings on your browser. However, we inform you that in this case, you may not be able to use all functions of the ELYSIUM application to their full extent.
3.1 ELYSIUM uses the information collected for various purposes, as detailed below.
(i) Fulfillment of contracts and provision of services: to perform the services contracted by you and agreed upon in our contractual relationship, including the provision of our services and products, monitoring your physical activities, managing your payments, and ensuring the safety and access to our establishments.
(ii) Communications: to communicate with you, including sending emails or push notifications, through the channels you have provided.
(iii) Customer support: to provide customer support services, including handling requests, complaints, and resolving doubts and disputes.
(iv) Legal and regulatory obligations: to comply with legal and regulatory obligations applicable to ELYSIUM, including tax and financial obligations, and to comply with court orders and legal requests.
(v) Marketing and advertising: to promote and advertise our products and services, including through personalized communications, based on your preferences and behavior, and to conduct marketing research.
(vi) Research and development: to improve our services, develop new features, and conduct research to enhance the user experience on the ELYSIUM application.
(vii) Protection of rights: to protect ELYSIUM and third parties, including the enforcement of our policies, terms, and conditions, and to prevent fraud and unauthorized access to the ELYSIUM application.
(viii) Anonymized and aggregated data: to create anonymized and aggregated data that does not identify individuals for statistical and analytical purposes.
3.2 ELYSIUM will not use your personal data for purposes other than those described in this Policy without informing you in advance or obtaining your consent, as required by law.
3.3 If ELYSIUM needs to use your personal data for purposes not covered by this Policy, you will be informed in advance, and your consent will be obtained when necessary.
3.4 The legal basis for the processing of your personal data depends on the specific purpose for which it is collected and the specific context in which it is collected.
3.5 Generally, ELYSIUM processes your personal data for the following purposes: (I) when necessary for the performance of a contract to which you are a party or for pre-contractual measures taken at your request; (II) when necessary to comply with a legal obligation; (III) when necessary for the legitimate interests pursued by ELYSIUM or by a third party; and (IV) when you have given your consent to the processing of your personal data for one or more specific purposes.
3.6 If you have any questions about the legal basis on which ELYSIUM processes your personal data, please contact us using the contact details provided in item 06 of this Policy.
4.1 ELYSIUM may share and transfer your personal data to third parties, as described below.
(i) Business partners: ELYSIUM may share your personal data with business partners who provide services on our behalf, such as payment processors, customer service, marketing, and advertising services, data analysis, and research.
(ii) Legal and regulatory authorities: ELYSIUM may share your personal data with legal and regulatory authorities, courts, and governmental agencies to comply with legal obligations, court orders, and legal requests.
(iii) Protection of rights: ELYSIUM may share your personal data to protect the rights, privacy, safety, or property of ELYSIUM, our users, or third parties, including the enforcement of our policies, terms, and conditions.
(iv) Merger or acquisition: ELYSIUM may share your personal data in connection with, or during negotiations of, any merger, sale of company assets, consolidation, restructuring, financing, or acquisition of all or a portion of our business by or into another company.
(v) With your consent: ELYSIUM may share your personal data with third parties when you have given your consent to such sharing.
(vi) Anonymized and aggregated data: ELYSIUM may share anonymized and aggregated data that does not identify individuals with third parties for statistical and analytical purposes.
4.2 ELYSIUM will take reasonable steps to ensure that the third parties mentioned above are bound by contractual obligations to process your personal data only for the purposes outlined in this Policy and in accordance with applicable laws.
4.3 ELYSIUM will not share, sell, rent, or trade your personal data with third parties for their promotional purposes.
4.4 If ELYSIUM needs to transfer your personal data to a third country or an international organization, you will be informed in advance, and the transfer will only take place if the country or international organization ensures an adequate level of data protection.
4.5 If ELYSIUM transfers your personal data to a third country or an international organization, and there is no adequacy decision, ELYSIUM will ensure that appropriate safeguards are in place, such as standard contractual clauses, to protect your personal data.
The information collected is stored for the purposes presented in this Policy, in cloud computing services that may be located in Brazil or elsewhere, which may require the transfer and/or processing of this data outside of Brazil in countries that meet adequate information security standards.
ELYSIUM keeps your personal data stored for the time necessary to achieve the purposes described in this Policy, taking into account any information retention duty required by law.
The collected personal data is stored in a secure and controlled environment for a minimum period, as follows:
(i) Registration data: 5 (five) years after the end of the relationship, following articles 12 and 34 of the Consumer Protection Code.
(ii) Digital identification data: 6 (six) months, according to article 15 of the Marco Civil da Internet. (iii) Other data: for the duration of the relationship and in the absence of a request for deletion or revocation of consent, following article 9, item II, of the General Data Protection Law.
ELYSIUM may store your personal data for longer periods for audit, security, fraud control, credit protection, and rights preservation purposes, and may keep the record history of your data for a longer period in cases where the law or regulatory norm so establishes or for rights preservation.
If you request the deletion of personal information provided to ELYSIUM, it will be permanently deleted whenever the legislation so requires. In some cases, however, the information may be retained, for example, for the fulfillment of a contracted obligation, use in dispute resolution, and/or other reasons allowed or arising from the law. ELYSIUM will promptly notify you of the basis for denying the deletion of your personal data.
ELYSIUM takes precautions, including administrative, technical, and physical measures, to protect your personal data against loss, theft, misuse, as well as unauthorized access, disclosure, alteration, and destruction.
Internally, the collected personal data is accessed only by duly authorized professionals, respecting the principles of proportionality, necessity, and relevance to the business objectives of ELYSIUM, in addition to the commitment to confidentiality and preserving your privacy under the terms of this Policy.
External links. When you use the application, you may be directed, via link, to other portals or platforms that may collect your information and have their own Data Treatment Policy. It is your responsibility to read the Privacy and Data Treatment Policies of such portals or platforms outside the website, and accept or reject them. ELYSIUM is not responsible for the Privacy and Data Treatment Policies of third parties or for the content of any websites or services linked to environments other than ours.
Your basic rights. You can request from our Officer the confirmation of the existence of Personal Data processing, as well as the display or rectification of your Personal Data, through our Service Channel. If you wish to change, update, rectify the information provided to ELYSIUM, or exercise any other rights that belong to you, such as limitation of use, opposition, and deletion of personal data, you can do so through the email: contact@cesh.fit.
Important: Before providing the information, we need to confirm that the request was made by the data subject. For this reason, when making the request, you must provide: full name, CPF, registered email. Eventually, we may request a copy of a document for final validation and data delivery. In this way, we ensure greater security to the analysis process, avoiding access by unauthorized third parties.
Scope of application. This Policy covers ELYSIUM and does not apply to services that have a separate Privacy Policy and/or over which we have no control. This Policy does not replace, modify, or expand any other policy that may also govern your relationship with ELYSIUM.
Change of content and update. You acknowledge ELYSIUM's right to change the content of this Policy at any time, as needed or necessary, such as for adaptation and legal compliance of a law or regulation provision that has equivalent legal force, and it is your responsibility to check it whenever you access our application or use our services.
In the event of updates to this document that require new consent collection, you will be notified through the contact channels you provide.
Inapplicability. If any point of this Policy is considered inapplicable by the Data Authority or judicial, the other conditions will remain in full force and effect.
Electronic Communication. You acknowledge that all communication made by email (to the addresses provided in your registration), SMS, instant messaging applications, or any other digital form, is also valid, effective, and sufficient for the disclosure of any matter related to the services we provide, your personal data, as well as the conditions of its provision or any other matter addressed therein, with the exception of what this Policy provides as such.
Applicable law and forum. This Policy will be interpreted according to Brazilian law, in Portuguese, with the forum of the city of São Paulo - SP elected to resolve any controversy involving this document, except for specific reservation of personal, territorial, or functional competence by applicable law.
(i) For the purposes of this Policy, the following definitions and descriptions should be considered for a better understanding: Anonymization: use of reasonable and available technical means at the time of Treatment, through which data loses the possibility of association, directly or indirectly, with an individual. (ii) Cloud Computing: or cloud computing, is a service virtualization technology built from the interconnection of more than one server through a common information network (e.g., the Internet), with the aim of reducing costs and increasing the availability of sustained services.
(iii) Cookies: small files sent by the ELYSIUM website, saved on your devices, which store preferences and a few other pieces of information, with the purpose of customizing your navigation according to your profile.
(iv) Personal Data: data related to an identified or identifiable natural person. (v) Sensitive Personal Data: personal data about racial or ethnic origin, religious belief, political opinion, union membership, or membership in a religious, philosophical, or political organization, data related to health or sexual life, genetic or biometric data, when linked to a natural person.
(vi) Officer (Data Protection Officer - DPO): person appointed by ELYSIUM to act as a communication channel between the controller, data subjects, and the National Data Protection Authority (ANPD).
(vii) Session ID: user session identification when accessing our website. (viii) IP: abbreviation for Internet Protocol. It is an alphanumeric set that identifies users' devices on the Internet;
(ix) Treatment: any operation performed with Personal Data, such as those related to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation, or control of information, modification, communication, transfer, dissemination, or extraction.
(x) Application: designates the ELYSIUM application.
(xi) Website: designates the electronic address https://www.elysium.fit/ and its subdomains.