PRIVACY POLICY
– BRIGHTON PILATES LIMITED
This website is operated by BRIGHTON PILATES LIMITED. We take Your privacy very seriously therefore We urge You to read this policy very carefully because it contains important information about:
who We are;
how and why We collect, store, use and share Your personal information;
Your rights in relation to Your personal information; and
how to contact Us and the supervisory authorities if You have a complaint.
Who We Are
We are: Brighton Pilates Limited, a company registered in England (company number: 07550801) whose registered office is at 41 Ladysmith Road, Brighton, England, BN2 4EH (“Brighton Pilates”, “We” “Us” or “Our”) and We collect, use and are responsible for certain personal information about You. When We do so We are regulated under applicable data protection laws, including, but not limited to, the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. We are responsible as 'data controller' of that personal information for the purposes of those laws.
Purpose of this Privacy Policy
This privacy policy gives You information on how We collect and process Your personal data, including any data You may provide through Our website, social media channels, contact form/email address when You:
register for an account / create Your profile;
book a class or sessions in Our studio;
subscribe for our Pilates-on-Demand subscription service;
sign up to Our monthly updates/newsletters;
purchase Our services;
take part in a competition, prize draw, survey or quiz;
like, comment, message or respond to posts on Our social media pages; and/or
communicate with Us via telephone or email.
It is important that You read this privacy policy together with any other privacy policy or fair processing 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 other notices and privacy policies and is not intended to override them.
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.
Your Duty to Inform Us of Changes
We keep Our privacy policy under regular review. 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
This website includes links to third-party websites, plug-ins, applications and platforms (including social media platforms). Clicking on those links or enabling those connections may allow such third parties to collect or share data about You. We do not control the websites of those third-parties and are not responsible for their privacy statements. When You leave Our website, We encourage You to read the privacy policy of every website You visit.
The personal information We collect from You
a) Personal information You provide to Us
We collect the following personal information that You provide to Us:
Identity Data
name (First name, Last name)
email address
Contact Data
address
phone number
name of Your Emergency Contact and their email address and telephone number (third-party personal data)
Profile Information
password
purchases or orders made by You
Your interests, preferences, feedback and survey responses
Transaction Data
details about payments to and from You
other details of products and services You have purchased from Us
Technical Data
internet protocol (IP) address
Your login data
browser type and version
time zone setting and location
browser plug-in types and versions
operating system and platform and other technology on the devices You use to access the website
Usage Data
information about how You use Our website, products and services
Marketing and Communications Data
Your preferences in receiving marketing from Us and Our third-parties and Your communication preferences
Health Information (Special Category of Personal Data)
The health information You provide to Us when You fill in the “create your profile form” such as:
Your answers when You answer the health questions
Details You provide to Us about Your health and mobility via email
b) Personal information You provide to Us about third parties
If You give Us information about another person (such as details of Your Emergency Contact or Your practitioner), You confirm that the other person has given their consent to You providing Us with their personal information as We may need to contact them.
c) Cookies and similar technologies
A cookie is a small text file which is placed onto Your computer or electronic device when You access Our website. Similar technologies include web beacons, action tags, local shared objects ('flash cookies') and single-pixel gifs. Such technologies can be used to track users' actions and activities, and to store information about them. We use these cookies and/or similar technologies on this website.
For example We may use cookies to monitor and/or collect the following information:
Analytics
This information helps Us to build a profile of Our users. Some of this information may be aggregated or statistical, which means that We will not be able to identify You individually.
In addition, it should be noted that in some cases Our cookies or similar technologies may be owned and controlled by third-parties who will also collect personal information about You.
On the first occasion that You use Our site We will ask whether You consent to Our use of cookies. If You do not, cookies will not be used. Thereafter You can opt-out of using cookies at any time or You can set Your browser not to accept cookies and the websites below tell You how to remove cookies from Your browser. However, some of Our website features may not function as a result.
For further information on cookies generally visit www.aboutcookies.org or www.allaboutcookies.org.
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. For example, We may aggregate Your Usage Data to calculate the percentage of users accessing a specific website feature. 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.
With the exception of health information that You may voluntarily provide to Us (as referred to above), We do not collect any other Special Categories of Personal Data (this includes details about Your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information, genetic or biometric data). Nor do We collect any information about criminal convictions and offences.
If You Fail to Provide Personal Data
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 Our services). In that case, We may have to cancel a service You have with Us but We will notify You if that 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 Identity Data, Contact Data, Health Data and Transaction Data by filling in forms or by corresponding with Us by phone, email or otherwise. This includes personal data You provide when You:
sign up to or attend Our classes or sessions
purchase Our services
subscribe for our Pilates-on-Demand subscription service
post, like, respond to, comment on or share Our posts on Our social media platforms
create an account/profile on Our website
subscribe to Our monthly updates/newsletters
request marketing to be sent to You
participate in Our online content
enter a quiz, competition, prize draw, promotion or survey
provide information to and interact with Our instructors
give Us feedback or contact Us
• 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.
• Third parties or publicly available sources. We will receive personal data about You from various third parties and public sources, for example technical data from online search engines, advertising networks or analytics providers.
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 You have provided consent
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
Purposes for which We will use Your Personal Data
We have set out below, in a table format, a description of 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.
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 below.
Marketing
We strive to provide You with choices regarding certain personal data uses, particularly around marketing. We would like to send You information about products, services, offers, competitions and Our business which may be of interest to You. Such information would usually be sent by email.
Withdrawing Consent, Opting Out or otherwise Objecting to Direct Marketing
We will ask whether You would like Us to send You marketing messages on the first occasion that You provide any relevant contact information (i.e. on booking, signing up to a newsletter, entering a competition etc). Wherever We rely on Your consent, You will always be able to withdraw that consent, although We may have other legal grounds for processing Your data for other purposes, such as those set out above. In some cases, We are able to send You direct marketing without Your consent, where We rely on Our legitimate interests. You have an absolute right to opt-out of direct marketing at any time. You can do this by following the instructions in the communication (where this is an electronic message) or by contacting Us using the details set out below.
Where You opt out of receiving these marketing messages, this will not apply to personal data provided to Us as a result of a services purchase or services experience.
Promotional Offers from Us
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.
You will receive marketing communications from Us if You have requested information from Us or purchased goods or services from Us and You have not opted out of receiving that marketing.
or other transactions.
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 share Your personal data with the parties set out below for the purposes set out in the table above.
Specific Third Parties:
MINDBODY: one of the booking processing companies that We use. Bookings and gift voucher transactions on Our website are securely directed through MINDBODY. We do not receive or process any of Your financial information. Your debit card/credit card information is NOT stored on Our server and only MINDBODY sees Your debit card/credit card information. You can read MINDBODY’s privacy policy here: https://company.mindbodyonline.com/legal/privacy-policy.
MemberSpace: the other booking processing company that We use. Payment for our Pilates-on-Demand services are securely directed through MemberSpace. We do not receive or process any of Your financial information. Your debit card/credit card information is NOT stored on Our server and only MemberSpace sees Your debit card/credit card information. You can read MemberSpace’s privacy policy here: https://www.memberspace.com/privacy-policy/.
Stripe: MemberSpace uses a third-party payment processor (Stripe) to process payments made by You via MemberSpace. We do not store credit card details and instead rely on Stripe for this. The processing of such data by Stripe is covered by their privacy policy which may be viewed here: www.stripe.com/privacy. Stripe’s services in Europe are provided by a Stripe affiliate, Stripe Payments Europe Limited, an entity located in Ireland. In providing its payment processing services, Stripe Payments Europe Limited transfers personal data to Stripe, Inc. in the US. For further information about the safeguards used when Your information is transferred outside the European Economic Area, see the section of Stripe’s privacy policy entitled “International Data Transfers”.
Paysafe: MINDBODY use a third-party payment processor (Paysafe) to process payments made by You via MINDBODY. We obtain limited information from Paysafe such as the last four digits, the country of issuance and the expiration date. The processing of such data by Paysafe is covered by their privacy policy which may be viewed here: https://www.paysafe.com/gb-en/paysafe-footer/privacy-policy/.
Mailchimp: When You opt-in for Our newsletter, We use Mailchimp, to manage email marketing lists and to send emails to our clients/subscribers. You can read Mailchimp’s privacy policy here: https://mailchimp.com/legal/privacy/.
To other third parties:
who perform functions on Our behalf in relation to Our website or otherwise in connection with the running of Our business and for the provision of Our services such as website hosting, video call providers such as Zoom (https://zoom.us/privacy), conducting surveys and market research, providing social media analysis, providing marketing email services and data analysis tools; and
for the purpose of facilitating Our business and improving Our products, content, services or advertising.
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 treat the security and method of processing Your personal information very seriously, and We will never sell Your personal information under any circumstances.
International Transfers
We do not transfer Your personal data outside the European Economic Area (“EEA”) with the exception of the below.
Some of Our third-party providers are based outside the EEA or they have servers outside the EEA so their processing of Your personal data will involve a transfer of data outside the EEA. Whenever We share personal information originating in the EEA with a third-party provider outside the EEA, We will do so on the basis of lawful measures to transfer Your personal information outside the EEA.
Data Security
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to Your personal information to those who have a genuine business need to know it. Those processing Your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We will also use technical and organisational measures to keep Your information secure.
We will notify You and any applicable regulator of a suspected data security breach where We are legally required to do so.
Indeed, while We will use all reasonable efforts to secure Your personal data, in using the website You acknowledge that the use of the internet is not entirely secure and for this reason We cannot guarantee the security or integrity of any personal data that is transferred from You or to You via the internet. If You have any particular concerns about Your information, please contact Us using the details below.
Data Retention
How long will You use my personal data for?
By law We have to keep basic information about Our clients/subscribers (including Contact, Identity and Transaction Data) for six years after they cease being clients/subscribers (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
Under certain circumstances, You have rights under data protection laws in relation to Your personal data. Please contact Us to find out more about these rights.
You have the right 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 for 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 of 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 products or services to You. We will advise You if this is the case at the time You withdraw Your consent.
No fee usually required
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.
What We may need from You
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.
If You would like to exercise any of these rights please:
email, call or write to Us
let Us have enough information to identify You
let Us have proof of Your identity (a copy of Your driving license, passport or a recent credit card/utility bill)
let Us know the information to which Your request relates
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individual's rights under the General Data Protection Regulations (http://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/).
From time to time We may also have other methods to unsubscribe (opt-out) from any direct marketing including for example, unsubscribe buttons or web links. If such methods are offered, please note that there may be some period after selecting to unsubscribe in which marketing may still be received while Your request is being processed.
Time limit to respond
We shall 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.
How to complain
We hope that We can resolve any query or concern You raise about Our use of Your information.
The General Data Protection Regulation also gives You a right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
Changes to the privacy policy
This privacy policy was published on 9 November 2020 and last updated in November 2020.
We may change this privacy policy from time to time. You should check this policy occasionally to ensure You are aware of the most recent version that will apply each time You access this website. We will also attempt to notify users of any changes by email if You have opted to receive emails.
Contacting Us
If You have any questions about this policy or the information We hold about You, please contact Us by e-mail to: ellie@brightonpilates.co.uk.
Glossary
LAWFUL BASIS
Legitimate Interest means the interest of Our business in conducting and managing Our business to enable Us to give You the best service/product and the best and most secure experience. We make sure We consider and balance any potential impact on You (both positive and negative) and Your rights before We process Your personal data for Our legitimate interests. We do not use Your personal data for activities where Our interests are overridden by the impact on You (unless We have Your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess Our legitimate interests against any potential impact on You in respect of specific activities by contacting Us.
Performance of Contract means processing Your data where it is necessary for the performance of a contract to which You are a party or to take steps at Your request before entering into such a contract.
Comply with a legal obligation means processing Your personal data where it is necessary for compliance with a legal obligation that We are subject to..