Privacy Statement
This Privacy Policy sets out the privacy practices of optiMum fitness.
Please take the time to review this Privacy Policy carefully as it tells you how your personal information will be treated by us.
By using our website, by providing us with any of your personal data and /or attending any optiMum fitness class or event, you unconditionally agree to be bound by this Privacy Policy.
optiMum fitness wants to offer you the best possible internet experience. Consequently, additional functions, features, products or services are incorporated into the website from time to time. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to this Privacy Policy.
As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
Any questions regarding our Privacy Policy should be directed to optiMum fitness.
Personal Data we Process Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
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, marital status, title, date of birth and gender, emergency contact information, family member information and photo (optional).
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
· Profile Data includes purchases made by you, feedback and survey responses.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
· Health Data information you to us on the Physical Activity Readiness Questionnaire
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity
We do not collect any Special Categories of Personal Data about you other than Health Data (Special Categories of Personal Data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data and data about your health). Nor do we collect any information about criminal convictions and offences.
Information is collected to administer your account with us, and to provide you with our service(s).
How Is your Personal Data Collected?
We may ask you for this information through our booking system website LegitFit or via email or when you visit a class. Certain information is collected automatically, as described later in this Privacy Policy.
See below for more details about how your information is collected.
Booking System
We use a booking system called LegitFit which collects all of the information you enter into their website or mobile application and stores it securely for you to avail of the services at optiMum fitness to include Identity Data, Contact Data, Transaction Data and Health Data
Upon creating an account at optiMum fitness, you accept the terms of use of LegitFit. Read the LegitFit data protection policy at https://legitfit.com/tos. Your personal information collected is stored in the software of LegitFit. The personal information collected is stored on LegitFit servers.
Your personal data is then accessed by optiMum fitness via LegitFit to allow us to provide services for you.
It is not possible to avail of any services at optiMum fitness without you consenting to provide your details to LegitFit.
Should you wish to avail of services at optiMum fitness without creating an account through LegitFit, you are consenting to have your details stored in LegitFit through our manual upload process.
We cannot provide services to you without having Personal Data by the nature of the industry, therefore in accepting our terms of service by way of purchasing services, you are consenting to your personal data being collected and stored by optiMum fitness and LegitFit.
Direct Interactions, Contact forms and Physical Activity Readiness Questionnaires
You may give us your personal data to include Identity Data, Contact Data, Health Data, Profile Data and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
· Make contact with us via a contact from or complete a Physical Activity Readiness Questionnaire;
· give us feedback or contact us.
Newsletter signup forms
Should you consent to subscribing to our e-newsletters your name and email address are collected using our email subscription software ‘Mailchimp’ and /or via LegitFit. In the case of Mailchimp, that information is held by Mailchimp servers and is used to email you our e-newsletters. You may unsubscribe from our e-newsletter at any time by clicking on the link in the footer of the email.
In a case where we use Mailchimp, Mailchimp is a data processor and optiMum fitness is a data controller. Read the Mailchimp Privacy Policy https://mailchimp.com/legal/privacy/ for information in relation to the privacy policy of Mailchimp.
Photographs and press shots. Photographs and press shots may be taken from time to time during classes for sharing on Facebook, Instagram and/or promotional material, if you have given your explicit consent to this by ticking the consent box in the PAR-Q. Should any member not wish to have their taken or published, they must inform optiMum fitness by ticking the relevant box on the PAR –Q. Photographs and press shots may be taken from time to time of a child you bring to class during classes for sharing on Facebook, Instagram and/or promotional material if a legal guardian of the child has explicitly consented to this by ticking the consent box in the PAR-Q.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy [LINK] for further details.
Third parties’ sources. We will receive personal data about you from various third parties as set out below:
· Technical Data from analytics providers such as Google;
· Contact and Transaction Data from providers of technical, payment and delivery services such as Stripe and LegitFit.
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.
· Where we have your consent.
We may use your personal information to:
· enable your use of the services at optiMum fitness
· compile our own internal records
· send statements, invoices and payment reminders to you, and collect payments from you;
· send you non-marketing commercial communications (should you consent)
· send you email notifications about classes and events, if you have not opted out from receiving that marketing
· send you our email newsletter, if you have requested it
· deal with enquiries and complaints made by, or about, you relating to our business
· contact you via mail, email or telephone for market research reasons.
Should you choose to use the services of optiMum fitness you must create an account with LegitFit to complete the purchase of services via our payment services provider, Stripe. You can read the Stripe Privacy Policy at https://stripe.com/ie/privacy for more information. Read the LegitFit Privacy Policy at https://legitfit.com/tos for further information.
We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via LegitFit, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
You may receive marketing communications from us if you have requested information from us or services from us and you have not opted out of receiving that marketing. 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 service provided or other transaction.
Disclosures of your Personal Data
1. We may disclose your personal information to any of our employees, insurers, professional advisers, agents, suppliers (such as IT and system administration service providers, LegitFit, Stripe and/or Mailchimp) or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
2. We may disclose your personal information to the extent that we are required to do so by law (including to regulators or other authorities).
3. In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk) or to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling.
4. Except as provided in this policy, we will not provide your personal information to third parties.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
International data transfers
Many of our external third parties service providers/ processors have operations based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA (e.g., LegitFit, Mailchimp and Stripe have servers based in the US).
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
· Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
· Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
You expressly agree to the transfers of personal information described in this Section.
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.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing the booking system confidential; we will not ask you for your password.
Data breach notification
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.
Retaining Your Data
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.
We have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your Legal Rights
You may request us to provide you with any personal information we hold about you (your access right);
The request can be made electronically to optimumfitnessireland@gmail.com and by telephone to 087 702 6013.
The supply of appropriate evidence of your identity – including name, address, phone number, DOB, next of kin, and email address may be requested.
Requests will be dealt with 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.
You may also instruct us at any time not to process your personal information for marketing purposes.
You also have the following rights:-
1. The right to rectify/correct data relating to you (‘right to rectification’);
2. The right to object to processing of data relating to you (‘right to object’).
3. The right to restrict the processing of data relating to you (‘right to restriction’);
4. The right to erase/delete data relating to you (i.e. the “right to erasure”), and;
5. The right to ‘port’ certain data relating to you from one organisation to another (‘right to data portability’).
You have the right to lodge a complaint with the Irish Data Protection Commission (info@dataprotection.ie) or your local supervisory authority if you consider that the processing of your personal data infringes GDPR.