1) Important information
re:sculpt Personal Training knows that you care how your personal information is used and we appreciate that you trust us to do that carefully, sensibly and legally. We respect your privacy and are committed to protecting your personal data. This privacy notice describes the types of personal information that we may collect and receive about you (including any data you provide when you join us as a member, use our services, or use our app or website), the purposes for which we use it, the steps we take to safeguard your personal data and this policy also tells you about your privacy rights and how the law protects you.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements any other notices and is not intended to override them.
This privacy notice was created on 6th October 2020. Unless stated otherwise, this privacy notice applies to all personal data we collect or receive about you. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us (name, address, contact details).
re:sculpt Personal Training (company number 13911659) is the legal controller of your personal data and is responsible for your personal data when you use our services (collectively referred to as “re:sculpt Personal Training”, “we”, “us” or “our” in this privacy notice). re:sculpt is registered as a data controller with the Information Commissioner’s Office (ICO), the UK’s independent authority set up to uphold information rights and data privacy. As a data controller, we must make sure we comply with UK data protection law in relation to our processing of personal data.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your rights in relation to your personal data, please contact the DPO using the details set out below.
Full name of legal entity: re:sculpt Ltd
Name or title: The Data Protection Officer
Email address: firstname.lastname@example.org
Postal address: Becky Barrett Management, 6 Hulme Street, Salford, Manchester, M5 4ZA
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at email@example.com or by calling us on +44 (0) 20 3373 9590.
Our website (www.resculptpersonaltraining.com) and our app may include links to third-party websites, plug-ins and applications (apps). Clicking on those links or enabling those connections may allow third parties to collect or share personal data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2) What personal data do we collect about you?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, receive, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes home address, billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your usernames and passwords, details of your membership, your purchases of our services, your class and other bookings, your interests, preferences, notes of your interactions with us, feedback and survey responses.
- Usage Data includes information about how you use our products, services, website and mobile app.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for multiple purposes. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to understand usage patterns of our services or to calculate the percentage of users accessing a specific website feature.
However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) unless it is volunteered by you, for example in connection with your use of our personal training services.
3) How do we collect and receive your personal data?
We collect and receive personal data from you through your interactions with us, including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes the personal data you provide when you:
- join us as a member or user of our services;
- purchase or make bookings for our products or services;
- access and use your membership account on our website;
- download and use our mobile app; enter a competition, promotion or survey; or
- contact us (whether by post, phone, email or otherwise) or provide us with feedback.
- Your usage of our services. As you use our services, we collect Usage Data.
- Automated technologies or interactions. As you interact with our website and mobile app, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
- Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Identity and Contact Data from your employer (if you are a corporate member) or other membership intermediaries.
- Contact, Financial and Transaction Data from providers of technical, payment, debt recovery and fraud protection services based inside the EU.
- Profile Data from providers of research and data analysis.
4) How do we use your personal data?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform a contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Automated decision making
We do not process your personal data for automated decision making where that decision making has any legal or similarly significant effect on you.
Marketing from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need from us, or what may be of interest to you, and to decide which products, services, promotions and offers may be relevant for you.
You will receive marketing communications from us in relation to our products and services if you are a user of our services and you did not opt-out of receiving marketing communications from us when you joined us, and have not opted out of receiving marketing from us since.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at firstname.lastname@example.org
If you opt-out of receiving marketing messages from us but remain a customer, you will continue to receive non-marketing communications (for example, information communications about your class bookings or other appointments with us, communications relating to the management of your membership, and service communications about the services we provide you with).
We will not share your personal data with any external companies for marketing purposes unless you have given us your express opt-in consent to receive marketing from such third parties before we do so.
Change of purpose
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5) Sharing your personal data
We do not sell or share your personal data with other organisations for their marketing purposes. We only share your personal data as explained in this privacy notice.
We may share your personal data with external third parties who perform certain functions on our behalf or provide us with services to enable us to deliver our products and services and manage our business.
We may also share your personal data with third parties to whom we may sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If such a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law, including putting in place appropriate contractual obligations and protections. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes for which we engage them and in accordance with our instructions.
6) International transfers
Where we engage the services of a third party based outside the EEA or engage with a part of the business of a third party outside the EEA, their processing of your personal data as part of their provision of services to us will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it as is the case within the EEA by ensuring at least one of the following safeguards is implemented:
- Transferring your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries: click here.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries: click here.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield: click here.
7) Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8) Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law, we have to keep basic information about our customers (including Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances, you can ask us to delete your data.
In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9) Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where we no longer need to it for the purposes for which it was collected. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with a legal obligation. Note, however, that we may not always be able or required to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party where this is technically feasible. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where our processing of the information is necessary for the performance of a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. This right only applies where we process the personal data in question based on your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.