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PRIVACY POLICY

This Privacy Policy is provided by Tom Cowan Exercise Physiologist Ltd (Company Number 13498564) (“We” / “Us” / “Our” / “TCEP”) and applies when You download and use Our mobile application (Our App) to access the personal training and associated services We offer.

 

We take Your privacy very seriously. Please read this privacy policy carefully as it contains important information on who We are and how and why We collect, store, use and share any information relating to You (Your “Personal Data”) in connection with Your use of Our App. It also explains Your rights in relation to Your Personal Data and how to contact Us or a relevant regulator in the event You have a complaint.

 

It also explains Your rights in relation to Your Personal Data and how to contact Us or the relevant regulator in the event You have a complaint. Our collection, storage, use and sharing of Your Personal Data is regulated by law, including under the UK General Data Protection Regulation (“UK GDPR”).

 

We are the controller of Personal Data obtained via Our App, meaning We are the organisation legally responsible for deciding how and for what purposes it is used.

 

Given the specialist nature of the personal training and associated services We offer, We do not expect to collect the Personal Data of anyone under 13 years old. If You are aware that any Personal Data of anyone under 13 years old has been shared with Our App please let Us know so that We can delete that data. If anyone under 13 years old uses Our App, their parent or guardian shall be solely responsible for permitting and overseeing such use.

 

WHAT THIS POLICY APPLIES TO

 

This privacy policy relates to Your use of Our App only.

 

Through Our App We may link to other apps and websites owned and operated by certain trusted third parties to make additional products and services available to You. Those third party apps and websites may also gather information about You in accordance with their own separate privacy policies. For privacy information relating to those third party apps and websites, please consult their privacy policies as appropriate.

 

PERSONAL DATA WE COLLECT ABOUT YOU

 

The Personal Data We collect about You depends on the particular activities carried out through Our App. We will collect and use the following Personal Data about You:

  • Your name, address and contact information, including email address and telephone number

  • Your gender, if you choose to give this to Us

  • Your billing information, transaction and payment card or other payment method information

  • Limited bank information and payment details

  • Details of any information, feedback or other matters You give Us by phone, email, post or via social media

  • Your account details, such as username and login details

  • Information about how You use Our App

 

If You do not provide Personal Data We ask for where it is required, including any geo-localisation services, it may prevent Us from providing services and/or You from being able to use Our App.

 

We collect and use this Personal Data for the purposes described in the section ‘HOW AND WHY WE USE YOUR PERSONAL DATA’ below.

 

SENSITIVE DATA

 

Sensitive Personal Data (also known as special category data) means information related to Personal Data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data (where used for identification purposes); data concerning health; data concerning a person’s sex life; and data concerning a person’s sexual orientation.

 

Certain Personal Data We collect is treated as a ‘special category’ to which additional protections apply under data protection law. This is also known as ‘Sensitive Data’. Where We process such Sensitive Data, We will also ensure We are permitted to do so under data protection laws, and any such data will be collected on the basis of Your consent. Sensitive Data We collect about You, where You choose to give it to Us, may include:

  • Weight, height, BMI and other body composition statistics, including photographs of you

  • Your blood pressure, heart rate, blood glucose levels and other readings

  • Your gender and sex

  • Lifestyle details, including Your fitness and lifestyle goals,

  • Your training history and training preferences

  • Existing conditions, such as allergies, chronic pains, chronic illnesses, medications you take and any side effects you experience from them,

  • Details around your sleep habits

  • Information regarding your diet and alcohol consumption

 

HOW YOUR PERSONAL DATA IS COLLECTED

 

We collect Personal Data from You directly when You sign up to Our App, contact Us directly or reach out to Us via social media, make submissions via the App, complete any of Our consent forms or indirectly, such as Your activity while using Our App. We may also collect Your Personal Data from any wearable devices (such as FitBit, Garmin or Apple Watch) which You have authorised to interface with Our App.

 

At this point in time, We do not collect any personal information about You using cookies or similar technologies. In the event that this Were to change and if We Were to decide to collect Personal Data about You using cookies, You would be notified of this change by means of in-app notification, with detailed information regarding Our use of cookies and similar technologies to be made available in the relevant cookies policy.

 

HOW AND WHY WE USE YOUR PERSONAL DATA

 

Under data protection laws, We can only use Your Personal Data if We have a proper reason, e.g.:

  • where You have given consent

  • to comply with Our legal and regulatory obligations

  • for the performance of a contract with You or to take steps at Your request before entering into a contract, or

  • for Our legitimate interests or those of a third party

 

A legitimate interest is when We have a business or commercial reason to use Your information, so long as this is not overridden by Your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance Our interests against Your own. You can obtain details of this assessment by contacting Us (see ‘HOW TO CONTACT US’ below).

 

The points below explain what We use Your Personal Data for and why.

 

What We use Your Personal Data for and Our reasons

 

1. Create and manage Your account with Us - To perform Our contract with You or to take steps at Your request before entering into a contract

 

2. Providing services and/or the functionalities of the Services to You - To perform Our contract with You or to take steps at Your request before entering into a contract (in this case, the contract means Our App User Agreement on the App, which apply to Our Services)

 

3. To enforce legal rights or defend or undertake legal proceedings - Depending on the circumstances:

  • to comply with Our legal and regulatory obligations

  • in other cases, for Our legitimate interests or those of a third party, i.e. to protect Our business, interests and rights or those of others

 

4. Communications with You not related to marketing, including about changes to Our terms or policies or changes to the App or service or other important notices

Depending on the circumstances:

  • to comply with Our legal and regulatory obligations

  • in other cases, for Our legitimate interests or those of a third party, i.e., to provide the best services to You

 

5. Protect the security of systems and data - To comply with Our legal and regulatory obligations We may also use Your Personal Data to ensure the security of systems and data to a standard that goes beyond Our legal obligations, and in those cases Our reasons are for Our legitimate interests or those of a third party, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for You and/or Us

 

6. Operational reasons, such as improving efficiency, training, and quality control or to provide support to You - For Our legitimate interests or those of a third party, i.e., to be as efficient as We can so We can deliver the best service to You

 

7. Statistical analysis to help Us manage Our business, e.g., in relation to Our performance, customer base, app and functionalities and offerings or other efficiency measures - For Our legitimate interests or those of a third party, i.e. to be as efficient as We can so We can deliver the best service to You and improve and develop Our App, service offering and Matching Tool

 

8. The audit of Our accounts and business - For Our legitimate interests, i.e. to maintain any accreditations so We can demonstrate We operate at the highest standards

 

9. Updating and enhancing user records - Depending on the circumstances:

  • to perform Our contract with You or to take steps at Your request before entering into a contract (in this case, the contract means the App Terms and Conditions which apply to the Services)

  • to comply with Our legal and regulatory obligations

  • where neither of the above apply, for Our legitimate interests or those of a third party, e.g making sure that We can keep in touch with Our customers about their accounts and new products or functionalities related to the Services and Our services

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10. To share Your Personal Data with members of Our group and third parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of Our insolvency. In such cases information will be anonymised where possible and only shared where necessary - Depending on the circumstances:

  • to comply with Our legal and regulatory obligations

  • in other cases, for Our legitimate interests or those of a third party, i.e., to protect, realise or grow the value in Our business and assets

 

See ‘WHO WE SHARE YOUR PERSONAL DATA WITH’ for further information on the steps We will take to protect Your Personal Data where We need to share it with others.

 

WHO WE SHARE YOUR PERSONAL DATA WITH

 

We routinely share Personal Data with service providers We use to help Us run Our business or provide the services or functionalities in the App, including subcontractors we engage to provide the services, developers and cloud storage providers. We use ‘FitBudd’ to run this App, and We therefore recommend that You consult their privacy policy for further information on how FitBudd protects Personal Data. FitBudd’s privacy policy is available here. We also store data on Google servers and this would be done in accordance with their privacy policy. For more information on how Google protects Personal Data, please consult their privacy policy here. We use Calendly as our platform for you to book your appointments through and We therefore recommend that You consult their privacy policy for further information on how Calendly protects Personal Data. Calendly’s privacy policy is available here.

 

We only allow service providers to handle Your Personal Data if We are satisfied they take appropriate measures to protect Your Personal Data. We also impose contractual obligations on service providers to ensure they can only use Your Personal Data to provide services to Us and to You.

 

In addition to our service providers, we may share your Personal Data with members of your medical team, including the clinic where you are treated and any doctors and other health care professionals treating you.

 

We or the third parties mentioned above may occasionally also need to share Your Personal Data with:

  • external auditors, e.g. in relation to the audit of Our accounts and Our company —the recipient of the information will be bound by confidentiality obligations

  • professional advisors (such as lawyers and other advisors)—the recipient of the information will be bound by confidentiality obligations

  • law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations

  • other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of Our insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations

 

If You would like more information about who We share Our data with and why, please contact Us (see ‘HOW TO CONTACT US’ below).

 

We will not share Your Personal Data with any other third party.

 

HOW LONG YOUR PERSONAL DATA WILL BE KEPT

 

We will keep Your Personal Data for as long as You have an active account with Us and for a period of up to 6 years thereafter to comply with any accounting or legal obligations We have, including in the event of the pursuit or defence of legal claims.

 

TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK

 

We may transfer Your Personal Data outside of the UK, for example to third party cloud service providers and App developers who have servers outside the UK. Where We transfer Your Personal Data outside the UK, We will comply with applicable UK laws designed to ensure the continued protection and privacy of Your Personal Data. Any updated destinations to which We send Your Personal Data, would be indicated in the present section and notified to You in accordance with the section on ‘CHANGE TO THIS PRIVACY POLICY’ below.

 

Furthermore, under UK data protection laws, We can only transfer Your Personal Data to a country outside the UK where:

  • the UK government has decided the particular country ensures an adequate level of protection of Personal Data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR;

  • there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for You; or

  • a specific exception applies under relevant data protection law. Accordingly, if We Were to start transferring Your Personal Data from the UK to:

  1. The EEA: We would rely on the adequacy finding granted by the UK to the EU under the Withdrawal Agreement to do; for any transfers from the EU to the UK, We would rely on the adequacy regulation granted to the UK under the Adequacy Decision.

  2. Any country located outside the UK/EEA: We would rely an appropriate safeguards under the UK GDPR, such as by including the relevant Standard Contractual Clauses in Our data processing agreements.

In the event We could not or choose not to continue to rely on either of those mechanisms at any time We would not transfer Your Personal Data outside the UK unless We could do so on the basis of an alternative mechanism or exception provided by UK data protection law.

 

YOUR RIGHTS

 

You generally have the following rights, which You can usually exercise free of charge. For more information regarding these rights, please visit the ICO website here.

 

1. Access to a copy of Your Personal Data - The right to be provided with a copy of Your Personal Data.

2. Correction (also known as rectification) - The right to require Us to correct any mistakes in Your Personal Data.

3. Erasure (also known as the right to be forgotten) - The right to require Us to delete Your Personal Data—in certain situations.

4. Restriction of use - The right to require Us to restrict use of Your Personal Data in certain circumstances, e.g. if You contest the accuracy of the data.

5. Data portability - The right to receive the Personal Data You provided to Us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.

6. To object to use - The right to object:

  • at any time to Your Personal Data being used for direct marketing (including profiling)

  • in certain other situations to Our continued use of Your Personal Data, e.g. where We use You Personal Data for Our legitimate interests.

7. Not to be subject to decisions without human involvement - The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning You or similarly significantly affects You.

We do not make any such decisions based on data collected by the Services.

 

 

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact Us (see ‘HOW TO CONTACT US’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on Your rights under the UK GDPR.

 

If You would like to exercise any of those rights, please email tom@tcowan.co.uk, call or write to Us—see below: ‘HOW TO CONTACT US’. When contacting Us please:

  • provide enough information to identify Yourself (e.g., Your full name and username) and any additional identity information We may reasonably request from You, and

  • let Us know which right(s) You want to exercise and the information to which Your request relates

 

For further information about such transfers and the safeguards we employ, please contact us (see ‘HOW TO CONTACT US’ below).

 

HOW TO COMPLAIN

 

Please contact Us if You have any queries or concerns about Our use of Your information (see below ‘HOW TO CONTACT US’). We hope We will be able to resolve any issues You may have.

 

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

 

CHANGES TO THIS PRIVACY POLICY

 

We may change this privacy policy from time to time. When We make significant changes We will take steps to inform You, for example via the Services or by other means, such as email.

 

HOW TO CONTACT US

 

You can contact Us by post, email or telephone if You have any questions about this privacy policy or the information We hold about You, to exercise a right under data protection law or to make a complaint.

 

Our contact details are shown below:

  • Flat 4 Mulberry House, 320B High Road, London N15 4BN

  • Email: tom@tcowan.co.uk

  • Ph: 07596110868

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