Fitzpatrick Fitness
Privacy Policy
Last modified: 2019-02-07
Effective date: 2019-02-07
- TERMS OF USE
This privacy policy as well as our Terms of Use found here: www.fitzpatrick.fitness (“
Terms of Use”) govern your access of the Online Training, whether: (a) accessed on
a computer connected to the internet at www.fitzpatrick.fitness (the “Site”); (b) on the
business social media properties of Fitzpatrick Fitness; or (c) by mobile phone
(individually and collectively, (a), (b) and (c) are the product (the “Product”), as owned
and operated by Fitzpatrick Fitness (“Trainer”), a(n) London corporation having its
registered address at 41 South Park Way (referred to in these Terms as “we”, “us” or
the “Trainer/Company”). Terms capitalized but not defined in this Privacy Policy have
the meanings set out in the Terms of Use. - INTRODUCTION TO PRIVACY POLICY
Trainer is committed to maintaining the confidentiality, integrity and security of any
Personal Information (as defined below) about our subscribers to the Site. The Trainer
strives to support individuals with their personal health and fitness goals , while
respecting privacy expectations and protecting Personal Information. To demonstrate
our commitment to protecting your privacy, we have developed this privacy policy (“
Privacy Policy”), which describes how we will collect, use, disclose and protect your
Personal Information through the Site.
By accessing and/or using the Product, you agree to all the terms and conditions of this
Privacy Policy and the Terms of Use found here: www.fitzpatrick.fitness and which
are incorporated here by reference. If you do not agree to all the terms and conditions
of this Privacy Policy and the Terms of Use, do not use the Product. - AMENDMENTS TO THIS PRIVACY POLICY
The Trainer may amend or change this Privacy Policy at its sole discretion at any time,
and in accordance with the amendment provisions set out in the Terms of Use. The
use of the information we collect at any given point is subject to the Privacy Policy in
effect at the time of collection. If we make any material changes we will notify you prior
to the change becoming effective. We will post the most current Privacy Policy on the
Product, and your use of the Product is subject to the most current Privacy Policy as
posted on the Product at any time. We encourage you to periodically check our Privacy
Policy for the latest information on our current policy. - CONTACT INFORMATION
If you have questions or concerns regarding our policy or practices, please contact our
privacy officer by email at [email protected] or at the following address:
Fitzpatrick Fitness
41 South Park Way
If you do not receive acknowledgement of your inquiry or your inquiry has not been
satisfactorily addressed, you can contact the Cheshire at:
Cheshire
Information Commissioner’s Office Wycliffe House Water Lane Wilmslow
Cheshire SK9 5AF - GENERAL
We may provide areas on our websites where you can post information about yourself
and others and communicate with others or upload content. Such postings are
governed by the Trainer’ Terms of Use. In addition, such postings may appear on other
Product or when searches are executed on the subject of your posting. We cannot
control who reads your posting or what other users may do with the information you
voluntarily post. Therefore, we encourage you to exercise discretion and caution with
respect to your personal information. - COLLECTION OF PERSONAL INFORMATION
- Collection of information at registration
Registration is required if you want to use the Product. Clients may register at
www.fitzpatrick.fitness. Other users may either sign in through None and other
social media sites or register using an online form located at
www.fitzpatrick.fitness. As part of this registration, we will require that you submit
certain information that is relevant to the purposes of the Product. We collect the
following information (“Personal Information”) from our subscriber’s registration
information: first and last name, date of birth, gender, weight, phone number,
email address, and password. - Mobile Device Location Information
Upon registration or the use of our location-enabled services on the Product (for
example, when you access services from a mobile device), we may need to collect
and process information about your actual Global Positioning System location
(including the latitude, longitude or altitude of your mobile device) and the time the
location information was recorded. Some of these services require your personal
data for the feature to work and we may associate location data with your device
identification and other information we hold about you. If you wish to use the
particular feature, you will be asked for your consent. If you do not want your
location information collected when you use the Product, please contact your device
manufacturer or platform provider to determine how to disable the collection of this
information. - Collection of information when you use the Product
When you use the Product, we automatically collect and store certain information
about your computer or device and your activities including:
the IP address of your computer;
the unique mobile device identifier;
technical information about your computer or mobile device such as the type
of device, mobile device identification number, web browser, other browser
information (e.g., size, connection speed and connection type), and
operating system or platform;
your preferences and settings (time zone, language, etc.); and
your internet provider or mobile carrier name. - Collection of information submitted by you
You may send electronic information or physical documentation to us in the
following forms: messages or transaction information relating to your interactions
with our trainers; receipts, personal data in text, video and picture form; and other
subscriber-generated content provided to us in the normal course of your use of the
Product, including but not limited to posts, profiles, comments, suggestions,
forwarded messages, feedback information, usage information, transaction
information and Traffic Data (as defined below). - Collection through interaction with the Product
We may collect your Personal Information when you communicate it to us by use of
one of our web forms or other interactions with the Product, by email, or by any
other means of communication.
The Product offers publicly-accessible blogs and allows you to create personal
profiles which can be seen by others (collectively, “Public Content”). This Public
Content and any of the information you post to the Site, such as reviews, are
intended for public consumption. You should be aware that any information you
provide in this area may be read, collected, and used by others who access them.
We take no responsibility for any information which you or your employees, agents,
contractors and representatives post or publish on the Product and you agree to
indemnify and hold us harmless for any loss, cost, complaint, damage, claim or
liability whatsoever arising from any such post or publication. We may post your
testimonials along with your name on the Product from time to time if such
information is provided to us.
If you are logged into social media sites such as None, and you access but are not
logged into the Product, we may receive information from such social media site to
make it easier for you to create an account on the Product and show you relevant
content from your friends on such social media. This information personalizes your
experiences and helps you create an account. You can also connect your account
on third party social media like None, in which case we may collect and store
information identifying your account with the third party service.
We may collect and store information (including personal information) locally on
your device using mechanisms such as browser web storage (including HTML 5
and any applicable newer versions) and application data caches. - Traffic Data
“Traffic Data” is collected by the Product and our third-party traffic analysis provider
through the use of software that is included on the Product as well as cookies that
are stored temporarily on your computer. Together, these technologies help us
manage our content by identifying which content is effective. - Use of Cookies and Usage Data
Cookies are small data files that are stored on a subscriber’s computer for recordkeeping purposes. Cookies track where you travel on the Product and what you
look at. A session ID cookie expires when you close your browser. When you log
into the Product, your browser may ask if you want it to remember you as a
registered subscriber of the Product. If you accept, the session ID becomes a
persistent cookie, which remains on your hard drive for an extended period of time.
Although cookies are used by most major websites and are accepted by default by
most web browsers, it may be possible to disable cookies via your browser settings.
We use session cookies and usage data to make it possible to navigate the secure
environment inside the Product and to keep, and periodically track, information
about you for the purpose of creating a personalized web experience and improving
the Product or measuring and conveying to others the performance levels of the
Product. We may link the information we store in cookies to any personally
identifiable information you submit while on the Product. This is for the purpose of
creating a personalized experience within the Product, to assist the Trainer in
understanding its users and subscribers and designing improvements to the
Product, and for the purpose of collecting usage and performance metrics. - Online and Mobile Advertising
We may allow third parties to use cookies on the Product to collect the same type of
information for the same purposes as we do. Advertisers and advertising networks
place advertisements on our websites and mobile applications. These companies
as well as data analytics companies who service them may collect information, such
as your computer’s IP address, browser information, mobile device ID, and search
queries as you use the Product. These companies also may use cookies and other
technologies to collect data about you when you visit our Site. Cookies from
advertising companies enable them to track your activity across various websites
where they display advertisements and record and associate your activities, so they
can show advertisements that they consider relevant to you. We do not have
access to or control over the cookies that these third-parties use. - Use of analytics tools
The Product may from time to time implement other third-party analytics services
that also use cookies. We will ensure that no personally identifiable information is
included in those cookies. If the use of cookies by any service provider differs
materially from the practices already listed, we will revise this document accordingly
and notify existing customers/users of the change(s). Other cookies created by the
Product are used to secure your login session and to help ensure the security of
your account. Such cookies are unrelated to the aforementioned traffic analysis and
are never shared with third parties. - Location Data
When you access the Product using a web browser or other application, we may
gather and store certain types of information including: traffic data from your
browser, your IP address, location, GPS signals sent by a mobile device, cookie
information, and the pages you visit on the Product. Traffic data is helpful in
identifying and fixing problems with the Product. - USE AND DISCLOSURE OF PERSONAL INFORMATION
- General use
The Company will not use or disclose Personal Information for purposes other than
the identified purposes of the Product. We may use your Personal Information
(defined above) to:
enforce our Terms of Use;
provide customer service and support, administrative messages, resolve
disputes, and troubleshoot problems including helping third-party service
providers fulfil their functions;
aggregate, anonymize data, and sell aggregated and anonymized data for
analytical, marketing and other purposes;
fulfill your requests for certain features of the Product;
customize, measure, and improve the Product;
offer or provide you with products and services including providing you
information relating to receipts, technical notices, updates, and security
alerts;
inform you of targeted marketing, service updates, and promotional offers
unless you opt out;
assist us to measure our performance and to share performance information
with others;
comply with legal or regulatory requirements (as described below); and
fulfill other purposes, subject to your explicit consent.
None - Third-party disclosure
We may share personal information or feedback with affiliates, third-party vendors,
consultants and other service providers who work for us. We may share your first
name and comments or feedback with third-parties. We will not tie any other
information, other than your first name, that can identify you to your comments or
feedback. However, third-parties may be able to tell who you are from your
comments, particularly if you provide your full name or your contact information in
the comments. - Surveys
From time to time, the Trainer may offer you the opportunity to participate in
contests, giveaways and other promotions. Any information submitted in connection
with such activities will be treated in accordance with this Privacy Policy, except as
specifically set forth in the rules for those contests, giveaways or promotions. From
time to time, the Trainer may also ask you to participate in surveys designed to help
us improve the Product. Any Personal Information provided to the Trainer in
connection with any survey will be used only in relation to that survey and as
elsewhere set forth in this Policy. - Acquisition of the Company
In the event that Fitzpatrick Fitness, or all or a portion of the business, or one or
more of its divisions, is acquired by one or more third parties as a result of an
acquisition, merger, sale, reorganization, consolidation, liquidation or another
similar transaction, your Personal Information shall be one of the transferred assets. - Retaining Information
We may retain your personal information while you have an account with us and
thereafter for as long as we need it for purposes not prohibited by applicable laws
and subject to the provisions in our Terms. This data may be retained for
approximately thirty (30) days after your relationship with us has been terminated. - 7.6 Legally compelled disclosures
Notwithstanding the foregoing, the Trainer reserves the right (and you authorize the
Trainer) to share or disclose your Personal Information when the Company
determines, at its sole discretion, that the disclosure of such information is
necessary or appropriate:
to enforce our rights against you or in connection with a breach by you of
this Privacy Policy or the Terms of Use;
to investigate or respond to suspected illegal or fraudulent activity or to
protect the safety, rights, or property of us, our users, or others;
to prevent prohibited or illegal activities; or
when required by any applicable law, rule, regulation, subpoena, or other
legal process. - DISCLOSURE OF PAYMENT CARD INFORMATION
To use certain services on the Product, we may require credit or debit card account
information. By submitting your credit or debit card account information through the
Product, you expressly consent to sharing of your information with third-party payment
processors, other third-party service providers, and applicable businesses. - DATA RETENTION AND ACCOUNT TERMINATION
Users may terminate their account by pressing the unsubscribe button or by
emailing [email protected]. After thirty (30) days of receiving a
termination request, or immediately after we terminate our relationship with you, the
user profile, including all offered promotions, will be removed from the Product, but
we may retain information about you for the purposes authorized under this Privacy
Policy and our Terms unless prohibited by law. For example, we may retain
information to prevent, investigate, or identify possible wrongdoing in connection
with the Product or to comply with legal obligations. - CONSENT AND PRIVACY SETTINGS
By using the Product, you consent to the collection, use and disclosure of your
Personal Information by us in the manner described in this Privacy Policy. You may
always opt not to disclose certain Personal Information, but which may restrict
access certain features of the Product. For example, your name and email address
are necessary to complete the registration process. At any time after registration,
you may opt out of most email communication from us by clicking on the opt-out link
at the bottom of our emails, or by contacting us at the contact details listed above.
However, we may still contact you for administrative purposes. Withdrawing
consent will not apply to actions the Company has already taken based on your
prior consent.
By providing your mobile phone number, businesses expressly consent to receive
direct dial calls, from Trainer for any urgent and administrative issues. When you
sign up for an account, you are opting in to receive emails and notifications from the
Product and other Product users such as businesses signed up with the Product. - ACCURACY OF INFORMATION AND INDIVIDUAL ACCESS
The Trainer relies on you to ensure that the Personal Information you enter into our
system is as accurate, complete and up-to-date as necessary for the purposes for
which it is to be used. You may make changes or corrections to your Personal
Information at any time. You may review or update your personal information by
clicking your settings tab in your business dashboard or in the menu located within your
personal profile or by emailing [email protected].
When updating your personal information, we may ask you to verify your identity before
we can act on your request. Unless required by law, we may reject requests that are
unreasonably repetitive, require disproportionate technical effort, risk the privacy of
others, or would be extremely impractical. Where we can provide information access
and correction, and when required by law, we will do so for free.
We also make every effort to ensure the accuracy of the information in our reports,
displays, articles and support queries. However, you must verify all information created
from your use of the Product. We recommend that you consult a professional before
completing any government or regulatory filing or otherwise relying upon the
information, as the use of this information is at your own risk. You are responsible for
ensuring that that the information you have entered into our system is accurate, reliable
and complete. - THIRD PARTY SERVICE PROVIDERS
We may share your Personal Information with service providers who help us to run our
operations or to otherwise fulfill your request or as required by law. Our service
providers are restricted from using your Personal Information in any way other than for
the service they are providing. We ensure that such third parties maintain reasonable
and appropriate safeguards. You own your data in accordance with the rules for
subscriber generated content set out in the Terms of Use www.fitzpatrick.fitness and
can download your own data via the Product at any time. - BUSINESS TRANSFERS
We may share information from or about you with subsidiaries, joint ventures, or other
companies under common control, in which case we will require them to honour this
Privacy Policy. - LINKS TO OTHER WEBSITES
Links to sites controlled or operated outside of our domain (each individually a “Thirdparty Site” and collectively the “Third Party Sites”) are provided as a convenience to
you only and do not imply an endorsement by us of a Third Party Site or the company it
purports to represent. We do not assume any responsibility for information and
materials found on, or the privacy practices of, a Third Party Site. This Privacy Policy
does not apply to a Third Party Site. - SECURITY MEASURES
We take your privacy very seriously. To keep your Personal Information secure, you
are required to safeguard your subscriber name and password information in
accordance with the Terms of Use.
In addition, we restrict unauthorized access through protective policies, procedures,
and technical measures, including:
a. providing reasonable physical and electronic safeguards with regard to the
storage of Personal Information;
b. limiting access to your Personal Information to those employees or contractors
who we reasonably believe need to come into contact with that information to
provide products or services to you or in order to do their jobs; and
c. governing employees and other contractors by strict standards and policies to
ensure that Personal Information is secure and treated with the utmost care and
respect.
Please note that no data transmission over the internet or otherwise can be guaranteed
to be completely secure. As a result, while we strive to protect your Personal
Information, we cannot warrant the security of any information you transmit to us, and
you do so at your own risk.
If you have a security related concern, please contact us at the contact details provided
above. We will work closely with you to ensure a quick and personal response to your
concerns. - DISCLAIMER
IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK,
AND ARE RESPONSIBLE FOR YOUR OWN HEALTH AND WITH COMPLYING WITH
ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE
AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON,
GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN
OUR SOLE DISCRETION. OUR PRIVACY POLICY DOES NOT COVER THE
INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO
ADVERTISE OUR SERVICES, AND WHO MAY USE COOKIES, PIXEL TAGS, AND
OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. - NOTIFICATIONS
In the unlikely event that we believe that the security of your Personal Information in
our possession or control may have been compromised, we may seek to notify you of
that development. If a notification is appropriate, we may notify you by the email
address registered to your account.
We will never send email messages to customers requesting confidential information
such as passwords, credit card numbers, or social security or social insurance
numbers. Please do not act on any such emails as you may compromise your Personal
Information by replying or by following links to a fraudulent website. - MISCELLANEOUS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that
is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The
insertions of headings are for convenient reference only and are not to affect the
interpretation of this Privacy Policy