Privacy Policy

INTRODUCTION: PURPOSE OF THIS PRIVACY POLICY

Elderfit Community Interest Company (“Elderfit“, “we“, “us“, “our“) respects your privacy and is committed to protecting your personal data. This privacy policy sets out how we collect and process your personal data when we provide services to you, when you communicate with us, when you complete forms to participate in our exercise classes (including our disclaimer form, class logbook or class surveys) or when you visit our website or any other associated websites under our control or the control of any of our franchisees (“websites“). It tells you about your privacy rights and how the law protects you.

It is important that you read this privacy policy together with any other privacy notice/policy or fair processing notice/policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices/policies and is not intended to override them.

ABOUT US

Elderfit is the controller and is responsible for your personal data.

If you have any queries about this policy, please get in touch using the contact details below:

Email address: tom.elderfit@gmail.com
Postal address: 4a Wyebank Way, Tutshill, Chepstow, Monmouthshire, Wales, NP16 7DN

You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO“), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under review and we reserve the right to update and change this privacy policy from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any changes, we will publish the changed privacy policy on our websites and may publish or bring it to your attention by other means. The changes will take effect as soon as they are posted on our website.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and we cannot guarantee the privacy of any information that may be obtained by those third parties. When you leave our websites, we recommend and encourage you to read the privacy policy of any other third-party website you visit.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual that does or can be used to identify the individual. It excludes any data where the identity has been removed (anonymous data).

There are “Special Categories” of more sensitive personal information which require higher levels of protection. We may need to be able to collect, store and use this type of personal information for the services we provide.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data	includes first name, maiden name, last name, username or similar identifier used by you on any of our platforms or portals, marital status, title, date of birth and gender.
Contact Data	includes postal address (including home address), email address and telephone numbers.
Financial Data	includes bank account, payment card details and other data necessary for fraud prevention and other related billing information.
Transaction Data	includes details about payments to and from you and other details of goods, products and services you have purchased from us.
Technical Data	includes internet protocol (IP) address, your login data, browser type and devices used.
Profile Data	includes your username and password for any of our websites and portals, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data	includes information about how you use our websites, goods, products and services and participation in our classes.
Marketing and Communications Data	includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Special Category Data	includes personal data revealing racial or ethnic origin and data concerning health.

We do not collect details about criminal convictions and offences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where possible, we indicate the basic information that is required to enable us to respond to your enquiry, to fulfil a contract with you or that we are required to collect by law. We will make it clear where the response is voluntary and you are free to not provide us with the information if you would prefer not to do so.

Where we need to collect personal data by law, or under the terms of a contract 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 goods, 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.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you seek our goods, products or services (including registering for, and completing disclaimers and logbooks at, our exercise classes), create an account or use any service on our websites or otherwise interact on our websites, subscribe to our services or publications, make an enquiry, become a franchisee, attend an event, offer to provide or actually provide services to us, request marketing to be sent to you, enter a competition, promotion or survey, give us feedback or contact us.
Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources including from analytics providers; publicly available sources such as Companies House and the Electoral Register; information from events that we have sponsored and/or attended and health professionals or other referrers to our classes.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation that we are subject to.

We may also use your personal information in the following circumstances which are likely to be rare:

Where we need to protect your interests (or someone else’s interests).
Where it is needed in the public interest.

Special Category Data

We will only use your Special Category Data when the law allows us to. Most commonly, we will use your Special Category Data in the following circumstances:

In limited circumstances, with your explicit written consent (or the consent of the relevant data subject if that is not you) for example when we process special category personal data in connection with the registration for and provision of access to services and events etc. Specifically, we may ask for health information to identify and be considerate of any health or disability requirements for participation in classes. We use such information based on your consent. If you do not provide such information we will not be able to take appropriate steps to accommodate any such requirements. You have the right to withdraw consent to our use of special category personal data in connection with our services by contacting us.
Where it is needed in the substantial public interest (for example to prevent fraud).
Processing relates to personal data which you or (if you are not the relevant data subject) the data subject has made public.
Processing is necessary for the establishment, exercise or defence of legal claims.
Less commonly, we may process this type of information where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
Registering you as a new customer and to add you to our database and/or mailing list	(a) Identity (b) Contact	(a) Performance of a contract with you (b) Consent (c) Necessary for our legitimate interests (to be able to provide goods, products or services to you)
Process and delivering goods, products or services to you including: (a) managing payments, fees and charges; and (b) collecting and recovering money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Consent (c) Necessary for our legitimate interests (to be able to recover debts due to us)
To manage our relationship with you including: (a) notifying you about changes to our terms or privacy policy; (b) asking you to leave a review, take a survey or provide feedback; (c) asking you to complete logbooks; and (d) inviting you to events/sending you newsletters etc.	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Consent (c) Necessary to comply with a legal obligation (d) Necessary for our legitimate interests (to keep our records updated and to study how customers use our goods/ products/ services)
Administering our contract with you (in the case of suppliers and franchisees)	(a) Identity (b) Contact (c) Financial	(a) Performance of our contract with you
Administering and protecting our business and our website (including troubleshooting, data analysis, testing, system maintenance and reporting)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
Deliver relevant website content and marketing to you and measuring or understanding the effectiveness of the marketing we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
Using data analytics to improve our website, goods/products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	(a) Necessary for our legitimate interests (to define types of customers, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Making suggestions and recommendations to you about goods, products or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	(a) Necessary for our legitimate interests (to develop our goods/products/services and grow our business)

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table above.

MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you wish to update the nature of your consent or your communication preferences then please contact us.

You may receive marketing communications from us if you have requested information from us or purchased goods, products or services from us or if you provided us with details when you registered to take part in an event that we are organising and, in each case, you have not opted out of receiving that marketing.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a goods/products/services purchase or other transactions. Opting out will not apply to any personal data that we are required to keep for regulatory, compliance or legal reasons.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with third parties for the purposes set out above. The third parties we may share personal data with are:

Other companies which may form part of the Elderfit group from time to time.
Franchisees for the purposes of contacting you about classes and events.
Marketing agencies/consultants for the purposes of marketing campaigns and for market research.
Financial/payroll providers to deal with billing/payment of invoices.
Health professionals and regulatory bodies for monitoring and reporting purposes.
Service providers based in the United Kingdom who provide IT and system administration services for trouble shooting, system maintenance and IT issues.
Professional advisers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
Courts, law enforcement authorities, regulators or attorneys or other parties for the purpose (where it is reasonably necessary) of the establishment, exercise or defence of a legal or equitable claim, or for the purposes of dispute resolution.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data. See paragraph 16 (Your Legal Rights) below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with or identify you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data’s accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain goods, products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you wish to exercise any of the rights set out above, please contact us using the details at the top of this privacy policy.