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). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, stored and disclosed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting (the Site), or using any future mobile application (the App) or using any services offered through or associated with our Site or App (the Services), you are deemed to have accepted and consented to the practices described in this policy.
The Site and App are owned and operated by Body A-Wake Ltd (Company No 06613202 England and Wales) of 36 Market Place Nicholson Tax & Accounts, Belper, England, DE56 1FZ (our Company Address). Body A-Wake Limited processes personal data as a Data Controller as defined in the Directive and the General Data Protection Regulation (GDPR).
The Site and App contain links to and from the websites of our partner networks, advertisers and affiliates or to websites shared by other users. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
1. Data We Collect About You We collect and process personal information so we can provide our Services to you. It’s 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.
The data we collect and process about you is explained in the sections below.
1.1 Data You Give Us
You give us information about you by filling in forms on our Site or App or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the Site or App, subscribe to our marketing database, subscribe to our Services or report a problem with the Site.
The information you give us includes your name, date of birth, gender, due date, baby's birth date, previous pregnancies, mailing address, email address and login details, bank or credit card information (if required), spatial data (location data) and behavioural Data. We also collect profile information and other information you submit to us while using the Services, including user identification, passwords, classes taken (including attendance history and frequency and length of workouts), data detailing your current state of fitness or health (including data from a wearable fitness tracker, fitness device or otherwise) and any comments, messages and images you submit.
This data is necessary for our legitimate interests and for us to fulfill our contractual obligations to you, and we rely on this as a lawful basis to use and process the data described above.
1.2 Data We Automatically Collect Each time you visit or use our Site or App, we automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, location, network data, browser plug-in types and versions, languages, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number. We use this information as statistical data about your browsing actions and patterns, for system administration, and to evaluate, provide, protect or improve our Services (including by developing new products and services). Because we collect, use and share this information in the aggregate, it does not identify any individual.
2. How We Use Your Data We use your data to carry out our Site, App and Services in the following ways: To administer and manage your account, to provide you with information you request from us, and to carry out any other obligations arising from any contracts entered into between you and us. To ensure that content from our Site and App is presented in the most effective manner for you and for your device. To allow you to participate in interactive features of our Service when you choose to do so. To respond to communications from you and to provide you with information about our Services. We also use your data to make our Site, App and Services better in the following ways:
To administer the Site and App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes. As part of our efforts to keep the Site and App safe and secure, e.g. by conducting analysis required to detect malicious data and understand how this may affect your IT system. To notify you about changes to our Site, App or Services. We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under applicable data protection laws. If you are an existing customer, we will only contact you by electronic means (e-mail, SMS, push notifications or in-app notifications) with information about services similar to those which were the subject of a previous enquiry by you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have expressly consented to this.
You can ask us or third parties 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. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us in writing or by email on the contact details below.
3. How We Secure Your Data All of your personal information is protected and we have put in place appropriate physical, electronic, and management procedures to safeguard and secure the data we collect. Your information is stored on secure cloud databases, internal servers, and on third party softwares. Your information is only accessible by employees who have authorised access rights to such information. All of your payment information is encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site or App; any transmission is at your own risk. Once we have received your information, we use strict procedures and the security features described above to try to prevent unauthorised access.
4. How Long We Store Your Data We only keep your personal information for as long as it’s necessary for our original legitimate purpose for collecting the information and for as long as we have your permission to keep it. We will delete your personal information when you delete your account.
5. Disclosure to Third Parties
5.1 Parties with whom we share your content
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We use the following third parties (and therefore provide them access to your data) in order to carry out our Services:
Cloud providers and real-time databases, including Amazon Cloud, Google Cloud and GoDaddy. Analytics vendors, including Appsee, MixPanel, Facebook Analytics, Google Analytics and software crash analysis vendors such as Fabric and Crashlytics). Marketing providers, including Campaign Monitor, Zoho Campaigns, MailChimp, Sendinblue and other marketing, branding and customer engagement service providers. CRM providers, including Zendesk and Zoho. Health data collectors, including Apple Healthkit and Google Fit. Payment providers, including Stripe, Apple and Google. Please note that we do not have access to or control of any data collected by our payment providers. The only other circumstances under which we would share your personal data are: If the third party is a member of our group (which means any subsidiaries or ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006). In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If the Company or substantially all of its assets are acquired by a third party, in which case personal data will be one of the transferred assets and the purchaser will be permitted to use the data for the purposes for which it was originally collected by us. If we’re under a duty to disclose or share your personal data in order to comply with any legal obligation, enforce or apply our Terms & conditions and other agreements, or to protect the rights, property, or safety of the Company, our customers, or others (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
5.2 Parties with whom you may choose to share your content
You may choose to share any information, photographs or other content that you voluntarily submit to the Site or App either on your profile or any public areas of Site or App. Such data will become available and viewable by other users. Once you have shared your content or made it public, that content may be re-shared by others.
If you choose to connect to social media networks from the our Site or App or post any of your content on our Site or App to those networks, then in accordance with your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by other users of those networks and we have no control over such viewing and use and cannot prevent further use of such information by third parties. When you interact with us through social media networks, you acknowledge that we may access your information that is held by that account, solely in accordance with your social media privacy settings. Any links to social media are not under our control and remain solely your responsibility. You acknowledge that any information posted via social media through our Site or App, or any third party you allow to access your content, is done entirely at your own risk and that by posting to a public platform you make that information visible to third-parties who can use that information at their discretion.
You may review, modify, update, correct or remove any personal data you have submitted to the Site or App at any time. If you remove information that you posted to the Site or App, copies may remain viewable in cached and archived pages of the Site, or if other users or third parties API have copied or saved that information.
You must respect the privacy of others and you must not disclose any personal details about other people including your family, friends, acquaintances, or other persons that may be misleading or cause them harm or offence. It is your responsibility to obtain their prior express permission in respect of any submission of their data at any time.
6.1 Lawful Bases
We will ensure that your personal data is processed lawfully, fairly, and transparently and that it will only be processed if at least one of the following bases applies:
You have given your clear consent to the processing of your personal data for a specific purpose. Processing is necessary for the performance of a contract to which you are a party (or for us to take steps at your request prior to entering into a contract with you). Processing is necessary for our compliance with the law. Processing is necessary to protect someone’s life. Processing is necessary for us to perform a task in the public interest or in the exercise of official authority and the task/function has a clear basis in law. Processing is necessary for our legitimate interests or the legitimate interests of a third party, except where there is a good reason to protect your personal data which overrides those legitimate interests, such as allowing us to effectively and efficiently manage and administer the operation of our business, maintaining compliance with internal policies and procedures, monitoring the use of our copyrighted materials, offering optimal, up-to-date security and obtaining further knowledge of current threats to network security in order to update our security.
6.2 Data Subject Rights
Under the GDPR, you have the right to:
Withdraw your consent to the processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason for doing so (such as to comply with a legal obligation). Be informed of what data we hold and the purpose for processing the data, as a whole or in parts. Be forgotten and, in some circumstances, have your data erased by ourselves and our affiliates (although this is not an absolute right and there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it). Correct or supplement any information we hold about you that is incorrect or incomplete. Restrict processing of the information we hold about you (for example, so that inaccuracies may be corrected—but again, there may be circumstances where you ask us to restrict processing of your personal data but we are legally entitled to refuse that request). Object to the processing of your data. Obtain your data in a portable manner and reuse the information we hold about you. Challenge any data we use for the purposes of automated decision-making and profiling (in certain circumstances—as above, there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request). Complain to a supervisory authority (e.g. the Information Commissioner’s Office (ICO) in the UK) if you think any of your rights have been infringed by us. (We would, however, appreciate the chance to address your concerns, so please contact us prior to taking this step). You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
You have the right to ask us not to process your personal data for marketing purposes. We will get your express opt-in consent before we use your data for such purposes or share your personal data with any third parties for such purposes, but you can exercise your right to prevent such processing by contacting us at the Company Address, via email on the contact details below, or by unsubscribing using the links contained in the marketing emails.
We will notify you and any applicable regulator of a breach of your personal data when we are legally required to do so.
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