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Terms & Conditions

BRETT JAMES FITNESS LIMITED
T/A FITNESS LAB SOHO (“FLS”)
GROW FITNESS LIMITED
T/A FITNESS LAB FITZROVIA (“FLF”)
HEALTH COMMITMENT STATEMENT
TERMS OF SERVICE
PRIVACY AND COOKIES POLICY
BRETT JAMES FITNESS LIMITED
T/A FITNESS LAB SOHO (“FLS”)
GROW FITNESS LIMITED
T/A FITNESS LAB FITZROVIA (“FLF”)

Health Commitment Statement

  1. WAIVER & RELEASE
    1. By execution of this Waiver and Release and/or attending FLS or FLF classes, PT sessions, activities and other programmes, and using FLS or FLF’s premises, facilities, and equipment (collectively, "Classes and Facilities"), you hereby agree that there are certain inherent risks and dangers involved in participating in the Classes.
    2. If you observe any hazard during participation, you will bring it to the attention of the nearest FLS or FLF employee or official immediately. You accept and are aware that there are inherent risks associated with physical activity and participation in the Classes. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they range from:
      1. minor injuries such as scratches, bruises and sprains;
      2. major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions;
      3. catastrophic injuries including paralysis and death and;
      4. continual or long-term exposure to amplified music carries risk of hearing damage.
    3. In consideration of being allowed to participate in and access the Classes, you hereby:
      1. assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities;
      2. waive, release and forever discharge Brett James Fitness Limited, Grow Fitness Limited their officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes and/or use of the Facilities, and
      3. represent you have no medical or physical condition which would prevent you from attending any of FLS or FLF’s Classes/Activities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so.
    4. FLS and FLF hereby advise you that individuals with any chronic disabilities or conditions are at risk in participating in the Classes, and are advised against doing so. In addition, if in the opinion of FLS or FLF staff or instructor, you would be at physical risk by attending the Classes, you will be denied access to the Classes and Facilities until you supply FLS or FLF with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FLS or FLF’s concerns, and stating that FLS or FLF’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the Classes or use the Facilities. FLS and FLF reserves the right to refuse service at their discretion.
    5. I have read this Waiver and Release agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Waiver and Release freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. The term of this Waiver and Release is indefinite.
  2. TERMS OF SERVICE

    Please read these terms and conditions of service which together with the Privacy and Cookies Policy (as amended from time to time) (the "Terms") govern your use of our website (https://fitnesslab.fit/) (the "Website") and any purchases of goods or services provided at any of our studios to you. By accessing or using the Website or by purchasing goods or services from Us, you accept and agree to be bound by these Terms. If you do not agree to these Terms then please do not access or use the Website nor purchase goods and services from Us.

    These Terms form a legally binding contract between you and Brett James Fitness Limited (trading as Fitness Lab Soho), a limited company registered in England and Wales under registration number 08058367, with its registered address at 12 Copperworks, 57 Blackhorse Road, London, United Kingdom, E17 7FN with regard to the use of the Website and the provision of services at FLS. With regard to the provision of services at FLF, these Terms form a legally binding contract between you and Grow Fitness Limited (trading as Fitness Lab Fitzrovia) a limited company registered in England and Wales under registration number 10814825, with its registered address at 12 Copperworks, 57 Blackhorse Road, London, United Kingdom, E17 7FN. In these Terms “We", "Us" and / or "Our" refer to Brett James Fitness Limited or Grow Fitness Limited as applicable.

    By using the Website and / or the goods or services, you affirm that you are at least 18 years of age. You agree that you are fully able and competent to enter into the Terms and abide and comply with these Terms.

    The Website, products, applications and any content forming part of the Website and the goods and services are owned by Us or Our affiliates, subsidiaries, licensors or suppliers.

    Subject to these Terms, We hereby grant you a personal, non-exclusive, non-transferable limited scope licence to access the Website, and all content included within the Website. If you breach any of these Terms you may be denied access to the Website and We may terminate or suspend this licence.

    Please keep a copy of these Terms for future reference. We may change these Terms for legal, regulatory or security reasons or for any other reason by giving you notice by email or via updates or posting on our Website or by asking you to re-confirm your acceptance of the Terms. Your continued use of our Website will be deemed your acceptance of the amended Terms.

  3. YOUR LEGAL OBLIGATIONS AND PROMISES TO US
    1. you confirm that:
      1. you are 18 years old or over, or you are aged 16 – 17 and have provided Us with a signed parental consent form (parental consent forms are available from reception at the studios);
      2. you have completed Our Health Commitment Statement, and confirm that all information and details provided by you when creating your Account are true, accurate and up to date;
      3. you will comply with the Rules of Conduct relating to your use of the Website as set out in Section 8.1 and 10 below, and you will comply with any other restrictions set out elsewhere in the Terms;
    2. you agree to compensate Us where We pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from your use of the Website or Services including any breach of these Terms or your violation of any law or the rights of a third party.
    3. If We take legal action against you for non-payment or any other breach of these Terms and a court makes an award in Our favour, you will be responsible for all costs allowable by the courts.
  4. USERS OF OUR SERVICES
    1. You must be:
      1. aged 18 years or over; or
      2. aged 16 – 17 years, having provided to us a signed parental consent form (parental consent forms are available from reception at the studios), to attend any of personal training sessions ("Sessions") or to use any of Our facilities at the studios.
    2. You agree to comply with our Studio Rules which are set out in Schedule 1 to these Terms of Service. The Studio Rules relate to your use of our facilities and your conduct.
    3. Instructors are subject to change.
    4. We reserve the right to refuse you access to the studios and suspend or terminate your use of Our Services if We reasonably consider that your conduct is damaging to Our reputation, is in breach of the Terms or that such refusal would otherwise be in the interests of other users of the studios or participants in Sessions.
  5. HEALTH COMMITMENT STATEMENT
    1. Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, We strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using Our facilities and agree to keep to the conditions in the Health Commitment Statement which you agreed to when registering for an account on the Website. A copy of Our Health Commitment Statement is available at https://fitnesslab.fit/ or a hard copy is available at all of Our locations.
  6. BOOKING AND PAYING FOR SESSIONS
    1. To book a Session, your Account (as defined below) must include at least one Credit (“Credits”). One Credit entitles you to attend one Session. Before attending any Sessions, you must book and complete our Initial Consultation Session.
    2. The Initial Consultation Session will include a series of measurements and physical tests, and a discussion of your training objectives.
    3. We may provide you with an account to access to an online training application. This account allows the logging of workout data and the provision to you, via an app, of training programs for you to follow when not at our studio. If you cease training with Us, this account will be deactivated.
    4. The price of your initial purchase from Us includes the provision to you of a Myzone training belt. This belt becomes your property and you are responsible for it. Should you require a replacement belt, please speak with your trainer. Replacement belts cost £50 + VAT.
    5. You can purchase Credits through Our Website or by speaking to any member of our staff. Multiple Credits can be purchased as bundles at discounted rates.
    6. Price details for Credits and Initial Consultation Sessions are available on Our Website and shall be such prices as determined by Us from time to time.
    7. All Credits will expire 12 months from the date of purchase.
    8. Credits and Session bookings are not transferable to any other person and you should not allow anyone else to book sessions using your Credits.
    9. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in the Terms.
    10. If you introduce a new client to Us and that client purchases a multiple Credit bundle, you will be given a 10% discount on your next purchase from Us.
    11. you acknowledge that We charge fees for Our Services, and We reserve the right to change Our fees from time to time and at Our sole discretion. If We terminate your Account (as defined below) because you have breached the Terms, you may not be entitled to a refund of any unused portion of Credits you have purchased.
  7. BOOKING A SESSION
    1. You can book Sessions via the Website, our App or directly with your trainer. Sessions may be booked on an ad hoc basis or at a fixed regular time (subject to availability). When you book a Session, one Credit will be deducted from your Account (as defined below).
    2. We make every effort to ensure that your trainer (or an alternate trainer who you agree to train with) is available for your scheduled Session. However, in the event that we have to cancel a Session the Credit for that Session will be refunded to your Account.
    3. You may cancel a booking at any time up to 24 hours before the relevant Session and receive a refund of your Credit(s) used to book such Session. If you cancel a booking less than 24 hours before the relevant Session, your Credit used to book the relevant Session will not be returned to your Account (as defined below) (the "Cancellation Policy").
  8. PERSONAL BELONGINGS
    1. You hereby agree that We are in no way responsible for the safekeeping of your personal belongings while you or they are present at any of the studios. You assume all risk of loss for any of your personal belongings.
    2. For an annual fee, advertised from time to time and payable in advance, we will provide you with a kit bag and will store one set of training clothes for you at Our studio. These clothes will be washed for you after each Session. Please note that if you cease to train with Us, you must remove these clothes within one month; failure to do that will result in us disposing of the clothes as we see fit. The kit bag provided remains Our property and must be returned to Us if you cease to use this service.
  9. GOODS
    1. If you change your mind about any goods or services purchased from Us, you may return them, with your receipt, to any of the studios within 14 days of purchase and We will give you a full refund provided that the goods and services are unused and are not damaged. This does not affect your statutory rights as a consumer.
    2. Clause 8.1 does not apply to any perishable items purchased at our studios.
  10. YOUR ACCOUNT / USE OF THE WEBSITE
    1. Use of the Website may require you to create an account. If you don’t already have an account and such account is required, you will be prompted to set one up before using the Website or any of the goods, services or studios ("your Account"). Your access to the Website, goods and services will be linked to your Account and you are required to comply with the requirements set out in these Terms together with any terms you may have signed up to in relation to your Account.
    2. If any information you provide in connection with your Account is untrue, inaccurate, out-of-date or incomplete then We reserve the right to refuse your current and future use of the Website, goods or services and in such event the licence granted to you under these Terms will be suspended and / or terminated.
    3. We do not have the means to check the identities of people using the Website and will not be liable where your Account is used by someone else. You agree to notify us immediately if you become aware of any unauthorised use of your Account.
    4. We reserve the right to remove any content from the Website at Our sole discretion.
  11. RULES OF CONDUCT AND YOUR USE OF THE WEBSITE
    1. you agree that in using the Website you will not:
      1. use the Website for any purpose other than for your personal or stated commercial use;
      2. reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or any portion thereof;
      3. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website’s security measures;
      4. partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Website (where user-generated content or an online community exists);
      5. harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion (where user-generated content or an online community exists);
      6. organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person's view be objectionable and / or inappropriate (where user-generated content or an online community exists);
      7. use abusive, offensive, or defamatory screen names and / or personas;
      8. impersonate any other person, or indicate falsely that you are an employee or a representative of Our or any of Our partners or affiliates;
      9. promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and / or distribution of counterfeit software;
      10. upload any files that contain a virus, Trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Website, goods or services;
      11. improperly use Website support or make false or spurious reports to Us; and
    2. you will obey all local laws, regulations and rules that apply to Website activities when you use the Website.
    3. We reserve the right to access, monitor and / or record any online activity within the Website and your Account and you give Us your express consent to access and record your activities.
    4. Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
    5. Subject to Section 16, We have no liability for any loss or damage caused by your or any third party's violation of the rules of conduct set out in this Section 10.
  12. USER GENERATED CONTENT
    1. All remarks, suggestions, ideas, graphics, or other information communicated, posted or uploaded by you to the Website ("User Generated Content" or "UGC") shall forever be Our property. We shall have exclusive ownership of all present and future existing rights to the UGC of every kind and nature, everywhere.
    2. We shall be entitled to use your UGC for any purpose whatsoever, without compensation to you or any other person submitting the UGC.
    3. You acknowledge that you are responsible for whatever material you submit, and you, not Us, have full responsibility for the UGC, including its legality, reliability, appropriateness, originality, and copyright. You agree that We shall not under any circumstances be liable for any UGC.
    4. We, or third parties engaged by Us, may monitor and / or moderate UGC but We do not guarantee the accuracy, quality, or integrity of any UGC posted via the Website. By using Our Website, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
    5. We reserve the right to remove and permanently delete any UGC from the Website with or without notice.
  13. WEBSITE UPDATES
    1. We do not guarantee the availability of the Website. We may install updates, upgrades and additional features that We deem reasonable, beneficial to you and / or reasonably necessary. These Terms shall apply to any updates, upgrades and / or additional features that are not distributed with a separate license or other agreement.
  14. TERM PERIOD
    1. These Terms apply to your use of the Website, goods and services at all times, and shall also govern your use of the Website from the date that you first use the Website and shall continue until you no longer use or cancel your Account or We terminate this licence.
  15. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that all intellectual property rights in our studios and Services, the Website, all content appearing within the Website throughout the world belong to Us, Our licensees or affiliates, that any rights in the Website are licensed to you and you do not acquire any rights in the Website other than the right to use the Website under the terms of this licence. By content, we mean the software, video, audio, music, text, characters, communications, images, sounds and all material and information included within the Website and any related services.
    2. Any use by you of any of Our intellectual property other than as permitted under these Terms may only be undertaken with Our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication, estoppel or otherwise, to use any intellectual property in the Website or related to our studios or Services, other than as expressly permitted in these Terms.
  16. SUSPENSION AND TERMINATION
    1. We may suspend, restrict or terminate your access to the Website and/or the Services, and consequently suspend or terminate the licence granted to you under these Terms, if:
      1. you breach of any of the restrictions or provisions in these Terms;
      2. for reasons of a system failure, maintenance or repair or due to events beyond Our reasonable control; and / or
      3. We decide to withdraw the Website and related Services from the market for any reason in Our sole discretion.
    2. Should We wish to terminate this agreement We will notify you in writing by email. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the Website and related Services.
  17. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
    1. As a reminder to you, We are under a legal duty to ensure that the Website complies with the contract between us. If the Website fails to work or otherwise fails to comply with the contract between us, we will offer you a corrected version of the Website where possible. We will only pay compensation to you in the event the Website damages your device as result of Our failure to exercise reasonable care and skill.
    2. Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation, death or personal injury resulting from Our negligence or the negligence of Our employees or agents, or any other liability which cannot be excluded or limited under applicable law.
    3. We do not accept any liability for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Website.
    4. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or due to events beyond Our reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God.
    5. We do not make any representation or give any guarantee (whether express or implied) in respect of the Website, goods or services, including, without limitation, any advice given to you (on a personal or general basis).
    6. Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and / or in connection with the Website shall be limited in aggregate to the sum paid by you to Us in the one-year period prior to any claim issued by you.
  18. ENITRE AGREEMENT
    1. The Terms, together with Our Health Commitment Waiver, Our Privacy and Cookies Policy, constitute the entire agreement between you and us in relation to your use of the Website and the Services.
  19. SEVERANCE
    1. If any of the Terms are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
      1. the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
      2. the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
  20. RIGHTS OF THIRD PARTIES
    1. A person who is not a party to the Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
  21. WAIVER
    1. No waiver of any of the Terms shall be valid unless provided in writing by Us.
  22. DATA PROTECTION, SECURITY AND PRIVACY
    1. Our Privacy and Cookies Policy (available at https://fitnesslab.fit/) sets out how We collect and use your personal data and other information regarding your privacy.
    2. We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching any provision of these Terms due to behaviour that may be deemed a criminal offence or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about you or your use of the Website.
    3. We are registered as a data controller for the purposes of the Data Protection Act 1998. If you have any queries about how We use your personal data please contact hello@fitnesslab.fit
  23. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
    1. If you require customer support or would like to report a complaint, a fault or abusive behaviour or if you have any other questions or comments in relation to the Website and Services then you may contact Us at the email address or postal address as set out in the Website.
  24. GOVERNING LAW AND JURISDICTION
    1. In the event of any dispute between you and Us concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law. If you wish to take court proceedings against Us you must do so within England and Wales.

    These Terms were last updated on 6 June 2020.

SCHEDULE 1

FITNESS LAB STUDIO RULES

  1. You agree that in using the Services you will not:
    1. reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Website or any portion thereof; 
    2. partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the studio; 
    3. harass, threaten, embarrass, or do anything else to another person that is unwanted, such as making personal attacks or statements about race, sexual orientation or religion;
    4. bring other people with you to our studios without our prior consent;
    5. arrive for your Class or Session under the influence of alcohol or drugs or otherwise not in a fit state to undertake physical activity;
    6. undertake physical activity with Us without updating your instructor / trainer about any injuries or changes in your health of which we are not aware;
    7. undertake physical activity at Our studio other than under the supervision of your instructor / trainer, whose instructions concerning such activity must be followed; 
    8. use abusive, offensive, or defamatory language;
    9. engage or attempt to engage any of our staff to provide personal training or fitness services to you or others, other than at our studio and under the terms of this agreement;
  2. Our opening hours are published from time to time. Sessions may only be booked during our opening hours.
  3. Any breach or potential breach of any of the above rules of conduct shall be determined by Us at Our sole discretion.
  4. Subject to Section 16 of the Terms of Service, We have no liability for any loss or damage caused by your or any third party's violation of the rules of conduct set out in this Schedule 1.
PRIVACY AND COOKIES POLICY OF
BRETT JAMES FITNESS LIMITED (T/A FITNESS LAB SOHO)
GROW FITNESS LIMITED (T/A FITNESS LAB FITZROVIA)

Last updated: 6 June 2020

  1. Introduction
    1. Brett James Fitness Limited (trading as Fitness Lab Soho) and Grow Fitness Limited (trading as Fitness Lab Fitrovia) (the "Company ", "we", " us" or "our ") respects your privacy and is committed to treating any information that we obtain about you with as much care as possible and in a manner that is compliant with all applicable data protection legislation including the EU General Data Protection Regulation 2016/679 (" GDPR") and any applicable national implementing laws in relation to the same (collectively, "Data Protection Legislation "). 
    2. This document (the "policy") explains:
      1. what personal data we may collect about you in connection with: (i) providing you with our goods and services; (ii) your online interaction with us (including via our website(s), email or social media channels); (iii) our in-person interactions with you; and (iv) any other channels related or ancillary to the foregoing (collectively, the " Channels"); 
      2. how we collect, store, disclose, transfer, protect and otherwise process that information and for what purposes; and
      3. other important information, such as the lawful bases by which we process your personal data, how long we might retain your personal data, the rights you have in relation to personal data we hold about you, and how we use "cookies" and other technologies on our website.
    3. This policy supplements (and its terms apply in addition to) any other terms of use or other terms and conditions agreed between you and the Company from time to time. 
    4. This policy is intended to be communicated to you in a concise, transparent, intelligible and easily accessible manner, but we appreciate that you may have queries or want to seek clarification as to its terms. If so, please contact us using the details available on our website.
    5. The Company reserves the right to make changes to this policy in order to reflect any changes in Data Protection Legislation and best practice from time to time. The Company will endeavour to notify you of such changes but you are advised to check for an updated version of this policy each time you interact with us through the Channels. 
  2. Information collected
    1. During the course of providing you with access to our website and other services, we sometimes need to collect information about you and your use of our website and other services.
    2. Information you give to us
      1. When you use our website and services we may ask if you would like to receive marketing and promotional emails from us or we may invite you to take part in a competition or to share content via email or social networks. To benefit from these services you may be required to provide us with personal information such as your name, e-mail address, telephone number or date of birth.
      2. When you register for goods or services from us we may ask for other information such as information about your health goals and workout activity. Some of this data may be regarded as "special categories of personal data" under the GDPR and so we only do so when we have your express consent. 
      3. We may from time to time need payment information from you in order to obtain payment for our services. We do not retain that payment information and use it only for the purposes of obtaining payment for our services. We may from time to time engage third party payment processors and where we do we will ensure that they abide by our same high standards of data privacy and use industry standard encryption methods. 
      4. We do not process any information about criminal convictions and offences or any information relating to children under the age of 13, and you should not provide us with any such information through any of the Channels. 
    3. Information gathered from your use of our website
    4. When you use our website and related services we may collect certain information automatically, such as the type of device you are using, the device ID, IP address, MAC address, IMEI number (a number unique to your device) and information about your use of our website. Where possible, unique identifiers are anonymised and at no time do we attempt to identify you as an individual. Where any such data can identify you, we process that data in accordance with the privacy terms set out in this policy. 
    5. Our website does not collect precise real-time location information about your device.
  3. How we will use your information
    1. Any personally identifiable information that you give to us will only be used for the purpose(s) for which it was supplied. In addition to any other purposes we tell you about from time to time, we may use the personal data described above to:
      1. Personalise content on the Channels;
      2. Send you promotional and marketing materials, notifications, updates and news;
      3. Provide you with access to our products and services;
      4. Our own internal uses (such as administration and training);
      5. Responding to any correspondence from you – including enquiries, comments and complaints;
      6. Administering any polls, services, questionnaires, contests or special events which you express an interest in from time to time;
      7. Recording your purchase and workout history and generally administering your account with us;
      8. Market research; and
      9. Carrying out other business activities in circumstances where you have, or ought reasonably to have, an expectation that we will process your personal data for a particular purpose (including as may be provided for in our terms of use or other agreement between us).  
    2. Automatically gathered information is used to enable us to provide you with a better service by helping us to understand how our website is used and by reporting any technical problems to us (anonymously).
  4. Usage reporting (analytics)
    1. To better understand how our website and services are used, we may use the services of another company to provide us with anonymous statistical information about your use of our website. Anonymous information is not covered by the Data Protection Legislation. 
      1. Analytics services we may use & how to opt-out:
    2. Our website uses Google Analytics. If you are not happy for to be included in their reporting please do not use our website until we have a solution to allow you to opt-out. For information about how Google treats your information please visit their Privacy Policy.
  5. THE LAWFUL BASES BY WHICH WE PROCESS YOUR PERSONAL DATA
    1. Your consent
      1. By accepting the terms of this policy, you give the Company your express, freely given consent to process any of your personal data in accordance with the terms of this policy. Without prejudice to the foregoing, you also give the Company your express, freely given consent to process any special categories of personal data (in particular relating to your health and fitness) which we obtain and process in accordance with this policy. Your consent referred to in this paragraph includes your consent to transfer your data to third parties, some of whom may be outside the EEA, in accordance with paragraphs 7 and 8.
      2. You may withdraw your consent given under this paragraph (in whole or in part) at any time by contacting us at the details shown on our website. You can also unsubscribe from different types of emails by following the unsubscribe link displayed at the bottom of each email (if and as applicable). The withdrawal of your consent shall not affect the lawfulness of processing based on consent before withdrawal or the lawfulness of processing based on other lawful grounds as set out below.  
    2. Other lawful grounds
      1. Without prejudice to the consent given by you under paragraph 5.1 above, the Company may process your personal data in any circumstances where such processing is necessary:
      2. in order to perform any agreement between us (including pursuant to our terms of use or for us to provide you with goods or services you have requested);
      3. to comply with any applicable law or regulation; or
      4. for the purposes of the legitimate interests pursued by us or third parties. These legitimate interests include the purposes outlined in this policy but also include other general commercial interests and internal administrative purposes.
      5. To provide feedback information concerning your health, wellbeing and physical performance to an insurance company which has referred you to us for training and which is paying the cost of such training.
  6. What if you refuse to provide us with any personal data?
    1. Where we need to collect personal data by law, or under the terms of an agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
    2. Whilst we may be able to provide you with certain products and services notwithstanding your refusal to submit personal data, this may limit your ability to participate in some activities or features or your use of certain services.
    3. We may lawfully obtain information from third parties or public sources and we may process that information where it is an essential component of the products and services we offer you.
  7. Information we may share
    1. We may share personal data with our group companies and partnered companies (if any) from time to time (together, "Affiliates ") in order to provide our goods and services to you and for the other purposes outlined in this policy. 
    2. From time to time, we will also need to share personal data with the following types of third party service providers who we engage to provide services which facilitate our business and who may need to process your personal data to the extent necessary to provide those services:
      1. email service providers such as Mailchimp;
      2. workout, training and health service providers such as Myzone, MyPTHub and MyFitnessPal
      3. scheduling and appointment system providers such as Acuity Scheduling and MindBody Online 
      4. payment processors such as Stripe, Paysafe and netbanx
      5. other third parties approved by you, such as social media sites which you link to your account (if and when we offer that feature) or share content via or third parties who administer any competitions or surveys on our behalf which you voluntarily partake in; and
      6. any similar or replacement third parties from time to time.
    3. We seek to ensure that any third party engaged by us who processes your personal data has policies and procedures in place to ensure compliance with the Data Protection Legislation. For any third parties that are based, or process data, overseas, we only engage such third parties in accordance with paragraph 8. Unless otherwise disclosed to you from time to time, we will remain the data controller in respect of your personal data notwithstanding that third parties may be engaged as data processors.
    4. We may share your personal information with third parties where we are required to do so by law or regulation (such as in connection with an investigation of fraud or other legal enquiry) or in connection with other legal proceedings (including where we believe that your actions violate applicable laws, our terms of business or any usage guidelines for specific products or services, or threaten the rights, property, or safety of our Company, our users, or others.
  8. International transfers of personal data
    1. In some circumstances, it may be necessary to transfer your information internationally. In particular your information may be transferred to and/or stored on the servers of our Affiliates or other third parties identified in paragraph 7 which are based outside of the EEA. 
    2. However, we will not transfer your personal data outside of the EEA unless:
      1. such transfer is to a country or jurisdiction which the EU Commission has approved as having an adequate level of protection (including to the USA where Privacy Shield compliant);
      2. appropriate safeguards are in place as set out in Article 46 GDPR or equivalent provisions of subsequent Data Protection Legislation; or
      3. the transfer is otherwise allowed by applicable Data Protection Legislation (such as in the form of a derogation under Article 49 GDPR).
  9. Information shared by you
    1. When you use our website and related services we may invite you to share content via email or via a social network. If you choose to share content then please be aware that the privacy and cookies policies of such third party sites govern the information you submit to them and we encourage you to read them.
  10. How long we will store your information
    1. We will hold your personal information on our systems for as long as it is necessary to provide you with the service you have requested. You may unsubscribe from a service whenever you choose; for example, if you registered to receive newsletters then you may unsubscribe by following the link provided in our emails.
    2. For as long as we do store your data, the Company follows generally accepted industry standards and maintains reasonable safeguards (in each case which are proportionate to the size and nature of our business) to attempt to ensure the security, integrity, and privacy of the information you have provided. The Company has security measures in place designed to protect against the loss, misuse, and alteration of the information under our control. 
    3. Notwithstanding our efforts to keep your personal data secure, no system can be 100% reliable. To the fullest extent permitted by law, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide through the Channels. In addition, you are responsible for maintaining the strength and confidentiality of your login credentials. 
    4. We will notify you as soon as reasonably practicable if we have reason to believe that there has been a personal data breach by us (or your personal data held by us) which could adversely affect your rights and freedoms.
  11. Your rights as a data subject
    1. Subject to any conditions or requirements set out in the relevant Data Protection Legislation, you may have some or all of the following rights in relation to the personal data we hold about you: 
    2. the right to request a copy of your personal data held by us;
    3. the right to correct any inaccurate or incomplete personal data held by us;
    4. the right to request that we erase the personal data we hold about you;
    5. the right to request that we restrict the processing of your data;
    6. the right to have your personal data transferred to another organisation;
    7. the right to object to certain types of processing of your personal data by us; and
    8. the right to complain (please see paragraph 13 of this policy).
  12. These rights are not absolute and may be subject to limitations, conditions or other provisos set out in applicable law. Please contact us using the links on our website if you would like more information on exercising any of these rights.  

  13. Cookies
    1. A cookie is a small file of letters and numbers stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. 
    2. Our website may use cookies to distinguish you from other users of our website. This helps us to provide you with a better experience when you browse our website and also allows us to improve our website.
    3. Some data collected by cookies is collected on an anonymous and/or aggregated basis. Where we use cookies that contain personal data, we will only process that personal data as set out in this policy. 
    4. Our websites use some or all of the following cookies:
      1. Strictly necessary cookies . These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
      2. Analytical/performance cookies . These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
      3. Functionality cookies . These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting cookies . These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
    5. Please note third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
    6. Your browser may give you the ability to block all or some cookies by activating a setting in your browser's options. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
    7. Except for essential cookies, all cookies will remain unless the cookie cache is cleared (unless otherwise indicated in the table above).
  14. Questions and complaints
    1. For all questions or complaints about this policy, we would appreciate the chance to deal with your concerns before you approach the relevant data protection authority. Please contact us in the first instance using the contact details on our website. If you are not located in the European Union, please indicate that in your communication.
    2. You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues, which in the UK is the Information Commissioner's Office (ICO) ( www.ico.org.uk).