Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual. The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR) and other legislation relating to personal data and rights such as the Human Rights Act.
Who are we?
This Privacy Notice is provided to you by 4Fitsake which is the data controller for your data.
4Fitsake will process some or all of the following personal data where necessary to perform its tasks:
· Names, contact details such as telephone numbers, addresses, and email addresses, facebook profile;
· Where they are relevant to the services provided by us, or where you provide them to us, we may process information such as date of birth, your emergency contact’s name, phone number and their relationship to you, membership type/payment option.
· The personal data we process may include sensitive or other special categories of personal data such as, mental and physical health, details of injuries, medication/treatment received.
How we use sensitive personal data
· We may process sensitive personal data including, as appropriate:
Information about your physical or mental health or condition in order to take decisions on your fitness to participate in class activities and comply with insurance and/or legal requirements.
· These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
· We may process special categories of personal data in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations.
· Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent (for instance if you had a medical emergency in class we may need to share it with the emergency services), or where you have already made the information public.
Do we need your consent to process your sensitive personal data?
· In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
4Fitsake will comply with data protection law. This says that the personal data we hold about you must be:
· Used lawfully, fairly and in a transparent way.
· Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
· Relevant to the purposes we have told you about and limited only to those purposes.
· Accurate and kept up to date.
· Kept only as long as necessary for the purposes we have told you about.
· Kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.
We use your personal data for some or all of the following purposes:
· To deliver fitness services to you including to understand your needs to provide the services that you request and to understand what we can do for you and to inform you of other relevant services;
· To confirm your identity to provide some services;
· To contact you by post, email, telephone or Facebook
· To enable us to meet our insurance and legal obligations.
· To promote the interests of 4Fitsake;
· To maintain our own accounts and records;
· To seek your views, opinions or comments;
· To notify you of changes to our facilities, services, events and staff,
· To send you communications which you have requested and that may be of interest to you. These may include information about new classes, offers and other new projects or initiatives;
· To allow the statistical analysis of data so we can plan the provision of services.
What is the legal basis for processing your personal data?
Your personal data is processed for the provision and performance of our contract with you, or to take steps to enter into a contract.
Sometimes the use of your personal data requires your consent. We will first obtain your consent to that use.
We will always take into account your interest and rights. This Privacy Notice sets out your rights and our obligations to you.
Sharing your personal data
This section provides information about the third parties with whom 4Fitsake may share your personal data. These third parties have an obligation to put in place appropriate security measures and will be responsible to you directly for the manner in which they process and protect your personal data. It is likely that we may need to share your name and contact details, emergency contact details, membership type/payment option with some or all of the following (but only where necessary):
· Our agents, suppliers and contractors. For example, we may ask a commercial provider to publish or distribute newsletters on our behalf, or to maintain our database software; or to a new instructor working at a class you may attend.
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is currently best practice to keep financial records for a minimum period of 8 years to support HMRC audits or provide tax information. We may retain data in order to defend or pursue claims. In some cases the law imposes a time limit for such claims (for example 3 years for personal injury claims or 6 years for contract claims). We will retain some personal data for this purpose as long as we believe it is necessary to be able to defend or pursue a claim. In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.
Your rights and your personal data
You have the following rights with respect to your personal data:
When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.
1) The right to access personal data we hold on you
· At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request we will respond within one month.
· There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
2) The right to correct and update the personal data we hold on you
· If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
3) The right to have your personal data erased
· If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it to comply with a legal or insurance obligation).
4) The right to object to processing of your personal data or to restrict it to certain purposes only
· You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
5) The right to data portability
· You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
6) The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, or email
7) The right to lodge a complaint with the Information Commissioner’s Office.
· You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
ALL requests must be made in writing and marked “for the attention of Helena Housego” or via email to Helena@4fitsake.co.uk
If you request to have all your data erased or object to processing you will no longer be able to participate in fitness classes.
Transfer of Data Abroad
Any personal data transferred to countries or territories outside the European Economic Area (“EEA”) will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website and facebook page is also accessible from overseas so on occasion some personal data (for example your photograph) may be accessed from overseas.
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Changes to this notice
We keep this Privacy Notice under regular review and we will place any updates on our website www.4-Fitsake.com/policies. This Notice was last updated in April 2018.
Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you or to exercise all relevant rights, queries or complaints to:
Helena Housego, 4Fitsake