HYPE Fitness Privacy and Data Protection Policy
This Policy describes the information that HYPE Fitness Limited (“we” or “us”) gathers on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Site, or by purchasing or using any Services, you consent to the privacy practices described in this Policy.
This Policy is incorporated into, and is subject to, our General Terms & Conditions and Booking & Cancellation Policy.
HYPE Fitness knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This policy describes the types of personal information that we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy. By visiting HYPE Fitness, you are accepting and consenting to the practices described in this HYPE Fitness.
“Client” means a customer of ours.
“Client Data“ means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of any of our Services stores within the Service which would include but not be limited to documents, information and photographs uploaded by a Client to our Site.
“Personal Data” means information that specifically identifies an individual or that is linked to information that identifies a specific individual.
“Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to use a login ID and a password.
“Member Account” means the area of the Site that can be accessed only by Users, and where access requires the use of a login ID and a password.
“User” means a Client or an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity.
“Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.
Controllers of Personal Information
Any personal information provided to or gathered by HYPE Fitness is controlled by HYPE Fitness Limited whose registered office is at: 78-82 Lind Road, Sutton, SM1 4PL.
What personal information about members does HYPE Fitness gather?
The information we gather from our members help us to continually improve your experience at HYPE Fitness. We use a third-party software provider called Mindbody to manage bookings, membership accounts and to store your personal information. This personal information may include: your name and contact information; date of birth; preferred communication methods; bank details and credit card details. We will also collect data about your health and ability to participate at HYPE Fitness. We also create information that becomes part of the personal information we hold about you, such as your usage of the studio. We may also collect and create details on joint members and other family members, where applicable, including family members under the age of 16.
We may also collect the following information:
Photographs for Membership Profile
In the interests of good customer service, we may take a digital photograph of each member to store against their account details. This is completely optional, and is simply used to help us identify you. By providing the digital photograph to us, you are consenting to our using it only in the manner set out in this Policy.
Contact information via Website or otherwise
When you use the www.hype-fitness.com website (“Our Site”) or contact us by post, telephone, fax, email or SMS, we collect, store and use certain personal information that you disclose to us. This includes details such as your name, address, telephone, fax, email and mobile phone number as well as traffic data, location data, web logs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you contact us, we may keep a record of that correspondence.
We also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Photographs and Videos for advertising
From time to time, we may take photographs and videos of classes in the studio for marketing purposes on (including but not limited to) leaflets, the website, newsletters and on social media platforms. Consent is gained when you book and attend classes at HYPE Fitness, via the Terms&Conditions. If you do not wish to have any photographs or videos taken of you (or of your child) at the studios for the purpose of marketing, please inform us in writing via email and we shall ensure this is recorded on your booking account for all staff to be aware.
What do we do with personal information collected from you?
We use personal information to provide the services you request from HYPE Fitness such as to facilitate: staff administration, administration of your membership or account at the studio, facilitate bookings of classes and appointments with our own or third party service providers and other transactions. We may also use the information to: advertise products and services, to process payments and maintain accounts and records, to prevent crime and aid in the prosecution of offenders, and to administer and maintain membership records. In addition, we use this information to improve our platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.
Depending upon your subscription choices, we may also use your details to send you newsletters and promotions, and to conduct online surveys. We will also use the information in the course of collecting your membership fees and any other payments that may be due to us from you. If you apply for employment at HYPE Fitness, we use the personal information you supply to process your job application.
Does HYPE Fitness share the information it receives?
Information about our members is an important part of our business and we do not sell it to others. The only people who have access to your data are our staff.
Any information that you voluntarily choose to include in a Public Area, such as HYPE Fitness's social media pages and groups, will be available to any visitor or user who has access to that content.
How secure is information about me?
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
All member data is managed on our online booking and management system, which is password protected. All billing information is encrypted in methods which are fully PCI compliant. Any data kept in paper form is locked in secure cabinets, in staff only areas. The only people with access to these records are HYPE Fitness Limited and its staff, and the data is only to be used within HYPE Fitness's business as set out in this Policy.
Any breaches of this Policy or misuse of data by staff or external third parties will be considered as a breach of European Data Protection Regulation (“GDPR”) and theft of company property. HYPE Fitness will report any breaches to the Police, Action Fraud and will undertake civil and criminal action to protect all data.
What about links to other websites?
Our site may include links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.
The Services we provide may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information].
Your Privacy Rights
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Third Party Cookies
We are legally required to disclose whether other third parties may collect personally identifiable information about an individual's online activities from our Site or Service. The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements or promotional material on this Site and on other sites across the Internet tailored to your apparent interests.
The business partners and advertising networks that serve interest-based advertisements on the Services have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests. It is possible that they may reuse this small amount of information on other sites or services.
Access, Correction, Deletion
We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service such as Mindbody, you may contact us as set forth in the “Contact Us” section. At your request, we will have any reference to you deleted or blocked in our database.
You may update, correct, or delete your Account and or Account information and preferences at any time by accessing your Account settings page via Mindbody either via the desktop site or via the app. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.
At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law.
You may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature.
Opting out from Commercial Communications
If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to the address provided in the ''Contact Us'' section. Please note that we use two platforms which may send you marketing and commercial communications related to the studio: Mindbody and Mailchimp. These systems do synchronise all together, so if you unsubscribe from an email from Mailchimp this may update your subscription settings in your Mindbody booking account. If you need any assistance with your subscription status in both platforms, are unsure how to subscribe/unsubscribe or you're short on time, simply contact the studio via email and we can manually subscribe or unsubscribe you from all marketing communications for your convenience,
Users are able to view and modify settings relating to the nature and frequency of promotional communications that they receive from us by using the unsubscribe option link contained within the email. Please be aware that if you opt-out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
If a Client requests us to remove any data, we will respond to its request within twenty-eight (28) days. We will delete, amend or block access to any Personal Data that we are storing only if we receive a written request to do so from the Client who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, accounting and tax purposes, or to defend our rights in litigation. Any such request regarding Client Data should be addressed as indicated in the “Contact Us” section, and include sufficient information for us to identify the Client and the information to delete or amend.
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We use ISO certified cloud services and applications. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorised alteration, unauthorised disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us.
If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with applicable law.
We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will only retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorised persons.
The Service is hosted in the UK. If you choose to use the Service from regions of the world with laws governing data collection and use that may differ from EU and UK law, then please note that you are transferring your Client Data and Personal Data outside of those regions to the UK for storage and processing. Also, we may transfer your data to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Client Data and Personal Data, on or to the Service, you consent to such transfer, storage, and processing.
Data Controller and Data Processor
We do not own, control or direct the use of any of the Client Data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. We are largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and do not directly access such Client Data except as authorised by the Client, or as necessary to provide Services to the Client and its Users.
Because we do not collect or determine the use of any Personal Data contained in the Client Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, we are not acting in the capacity of data controller in terms of the European Union’s Directive 95/46/EC on data privacy or the European Data Protection Regulation (“GDPR”) and do not have the associated responsibilities under GDPR.
The Client or the User is the data controller under the Directive for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.
We are not responsible for the content of the Personal Data contained in the Client Data or other information stored on our servers (or our subcontractors’ servers) at the discretion of the Client or User nor are we responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information.
Notices and Revisions
If you have any concern about privacy at HYPE Fitness, please contact us in writing with a thorough description and we will try to resolve the issue for you.