Privacy Policy

This website is provided by FitSwarm, a trading name of Fitswarm Limited, a limited company registered in England and Wales under company number 10905748 whose registered office is at 12 Conqueror Court, Sittingbourne, Kent ME10 5BH.

The security of your personal information is important to us. This Privacy Policy is designed to help you feel more confident about the privacy and security of your information when using our website or accessing any of our services ( Services).

This Privacy Policy (together with our Student Terms and Instructor Terms as applicable) sets out the basis on which we process any personal information we collect from you, or that you provide to us through the Services. We also aim to satisfy the obligation of transparency under the EU General Data Protection Regulation 2016/679 ( GDPR) and national laws implementing GDPR.

The terms Company/we/our/us when used in this Privacy Policy means FitSwarm, and you/your means you as a user of our Services. For the purpose of this Privacy Policy, we are the controller of the personal information we process and our contact details are set out in the contact section at the end of this Privacy Policy.

Age Requirements

We do not knowingly collect personal information from anyone under 18 years of age. If you are under 18 years old, you may not create and account and / or use the Services.

Information We May Collect From You

  • We may collect and process the following information about you:
    • information that you provide when registering or using the Services and when you report a problem with our Services;
    • information that you publish on your user profile or which you post on message boards. Please note that information that you voluntarily make public in your user profile, or which you disclose by posting comments will be publicly available and viewable by others. We are not liable for any information that you voluntarily choose to be public and/or for any other explicit actions;
    • information that you authorise a third party (e.g. a social network such as Facebook) to share with us, such as your email address or other information that may identify you;
    • information provided in, or relating to, communications you may have with us;
    • surveys that you complete;
    • statistical data about your browsing actions and patterns, which does not identify you. This means information about your computer and your use of our Services, including (where available) your IP address, unique mobile device identifier ( UDID), International Mobile Equipment ID ( IMEI), Android ID, device MAC address, browser information, operating system, timestamps, the pages that you request, applications downloaded, traffic data, location data, weblogs and other communication data, and the resources that you access; and
    • information which you provide to us for the purpose of subscribing to direct marketing.
    • It is important that the personal information we hold about you is accurate and current. Please keep us informed if, at any time, your personal information changes.

How We Use Your Information

  • We use information held about you in the following ways:
    • to provide the Services to you and to ensure that the Services are presented in the most effective manner for you and for your computer;
    • to identify you when you use the Services;
    • to answer your questions and improve the Services;
    • to deal with enquiries or complaints made by or about you relating to our Services;
    • to keep our website and systems secure and prevent fraud;
    • where relevant, to meet legal, regulatory and compliance requirements;
    • where relevant, for the establishment, exercise or defence of legal claims;
    • to monitor and analyse the use of any account to prevent, investigate and report any security incidents or crime;
    • to notify you about changes to our Services;
    • to provide you with updates, special offers and other information. Where we do so, you will be able to unsubscribe from such communications;
    • for marketing purposes in accordance with section 11 below; and
    • when you are accessing the Services through a third party website, to provide that third party with usage information.

The Legal Basis for Processing your Personal Information

  • We will only use your personal information when the law allows us to. We will use your personal information in the following circumstances:
    • where it is necessary for entering into or performing a contract - in order to perform obligations which arise under the contract we have entered into with you, it will be necessary for us to process your personal data;
    • where we need to comply with a legal obligation - we are subject to certain legal requirements which may require us to process your personal data. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency;
    • 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 - either we, or a third party, will need to process your personal data for the purposes of our (or a third party's) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected.;
    • where you have provided consent - in some circumstances, we may ask for your consent to process your personal data in a particular way.

How We Share Your Information

  • We may share your personal information with third parties in the following circumstances:
    • for marketing purposes where you consent to this;
    • to other members of our group of companies from time to time, our partners and service providers located within the EEA for the purpose of: managing or administering certain aspects of our Services; for analytics purposes; and to help us develop new services;
    • to protect the rights, property or safety of us or other users of our Services;
    • where we are obliged, or permitted, to do so by applicable law, regulation or legal process; or
    • if we (or substantially all of our assets) are acquired by a third party, in which case personal information held by us about our users will be one of the transferred assets.
  • If you are a student and you have not given any details to instructors independently of the Services, we will share your first name and the first two letters of your last name with instructors when you book into a class.
  • We may pass aggregated information to third parties about how our users use our Services but this will not include information which could be used to identify you.
  • Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our Services and any transmission is at your own risk.
  • We will retain your information for as long as is necessary to fulfil any of the services we provide or to comply with applicable legislation, regulatory requests and relevant orders from competent courts.

Where We Store Your Information

  • We take appropriate organisational and technical measures to protect your personal information that we hold and to ensure that your personal data is treated in accordance with this Privacy Policy. We limit access to your personal information to those who we believe reasonably need to come into contact with that information in order to carry out their jobs. 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.

Cookies

  • We use cookies and similar technologies such as local storage within our website and mobile sites to provide and optimise our Services. You can control which cookies you get and which you keep on your device through your browser settings. Unless you have adjusted your browser settings so that it will refuse our cookies, our system will issue cookies when you visit our website. However, if you do not accept cookies, please note that some parts of this website may become inaccessible or not function properly and you may not be able to take advantage of many of the special features of the Services.
  • We use cookies to keep track of the pages you and other visitors have been to on our website, including serving advertisements which we believe are most likely to be of interest to you.
  • All of the major browsers offer tips and guidance for managing the cookies available on your browser. There are also lots of different third party browser plug ins and extensions available which you can download to make it easier to see and control your cookies.
  • You can find out more about internet advertising by visiting the following websites: www.allaboutcookies.org, www.yourchoicesonline.eu, and www.networkadvertising.org. Some of these sites enable you to opt out of online behavioural advertising and other tracking cookies (in addition to the control settings on your browser).
  • Please click here for a copy of our full cookie policy.

Links

Our Service may contain links to and from other websites and services. We are not responsible for the privacy practices or the content of any third party sites. Please check the individual privacy policy of any such websites or services before you submit any personal information to them.

Advertisers

We may from time to time use third party advertisers or sponsors on our Services. In the event that we do so we will not disclose identifiable information about individuals but we may provide them with aggregated information about our users. We may also use such aggregated information to help advertisers reach the kind of audience they want to target (for example, men in London). We may make use of the personal information we have collected from you to enable us to comply with our advertisers' and sponsors' wishes by displaying their advertisement to that target audience.

Keeping Your Account Secure

  • Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential and you are responsible for any misuse of such information. You must change your password on a regular basis and must not share your password with anyone.
  • You are solely responsible for the security and confidentiality of your account. Please ensure that you do not allow anyone else to access the Services in your name and log off after you have finished accessing your account.
  • You are responsible for all orders, and for the accuracy of all information, sent via the internet using your user ID, password or any other personal identification used to identify you on the Services.
  • You will be liable to us for all orders or transactions placed by use of your user ID and password, even if such use might be wrongful. We will not be liable to you for any loss that you may incur as a result of misuse of your user ID and password, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.

Marketing

  • We may send you information about other products and services that may be of interest to you where:
    • you have consented to this (via the opt-in box when you register for the Services or elsewhere);
    • you have purchased a product or service from us, unless you have opted-out of receiving such communications; and/or
    • it is in our legitimate interest to do so.
  • You can manage your marketing communication preferences in your account preferences.
  • You have the right at any time to ask us not to process your personal information for marketing purposes. You can exercise your right to opt out of such processing by checking certain boxes on the forms or registration pages that we use to collect your information, clicking "unsubscribe" links on email communications that we send you or by contacting us by using the contact details set out below.
  • Please note that even if you ask not to receive marketing communications, we may still need to send you service messages regarding your use of the Services.

Rights That You Have

  • You have certain rights in relation to personal information we hold about you. Details of these rights and how to exercise them are set out below. We will require evidence of your identity before we are able to act on your request.
    • Access - You have the right at any time to ask us for a copy of the personal information that we hold about you and to check that we are lawfully processing it. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your personal information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.
    • Right of correction or completion - if personal information we hold about you is not accurate or is out of date and requires amendment or correction you have a right to have the data rectified or completed. You can let us know by contacting us using the details in the Contact section below.
    • Right of erasure - In certain circumstances, you have the right to request that personal information we hold about you is erased e.g. if the information is no longer necessary for the purposes for which it was collected or processed or our processing of the information is based on your consent and there are no other legal grounds on which we may process the information.
    • Right to object to or restrict processing - in certain circumstances, you have the right to object to our processing of your personal information by contacting us using the details in the Contact section below. For example, if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your personal information for direct marketing purposes. You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy.
    • Right of transfer - you may request the transfer of your personal information to another party.
    • Right of data portability - in certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format. You can also ask us to transmit that information to you or directly to a third party organisation. The above right exists only in respect of personal information that you have provided to us previously and is processed by us using automated means. While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third party organisation's systems. We are also unable to comply with requests that relate to personal information of others without their consent.
    • Right to withdraw consent - in the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. You can do this by contacting us using the details in the Contact section below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  • In order to exercise any of these rights or if you would like further information contact us using the details below. Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.
  • You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
  • We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

How Long We Will Hold Your Information

  • We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
  • 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 requirements.

Automated decision-making

  • Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. It is specifically regulated under GDPR where such decisions are taken which have legal or other significant effects on individuals. It is permitted in the following circumstances:
    • where it is necessary to enter into or perform our contract with you and appropriate measures are in place to safeguard your rights; and
    • in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
  • You will not be subject to decisions that will have a significant impact on you based solely on automated processing, unless we have a lawful basis for doing so, we have notified you and given you a right to challenge the decision or to require that the decision be taken by a person.
  • We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Changes to Our Privacy Policy

  • We occasionally modify our Privacy Policy and any changes we may make to it in the future will be posted on this page and, where appropriate, notified to you by e-mail or other message.

Complaints

  • If you are unhappy about our use of your personal information, you can contact us using the details in the Contact section below. You are also entitled to lodge a complaint with the UK Information Commissioner's Office using any of the below contact methods:
    • Telephone: 0303 123 11113
    • Website: https://ico.org.uk/concerns/
    • Post: Information Commissioner's Office
      Wycliffe House
      Water Lane
      Wilmslow
      Cheshire
      SK9 5AF
  • If you live or work outside the UK or you have a complaint concerning our activities outside the UK, you may prefer to lodge a complaint with a different supervisory authority. A list of relevant authorities in the EEA and the European Free Trade Area can be accessed here

Contact

  • If you have any questions, suggestions or concerns regarding our Privacy Policy or our use of your personal information, including to exercise your rights as outlined above, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.

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