In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, our service users, of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.
This notice applies to current, former and prospectus member’s, service suppliers and contractors.
- DATA PROTECTION PRINCIPLES
Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:
- processing is fair, lawful and transparent
- data is collected for specific, explicit, and legitimate purposes
- data collected is adequate, relevant and limited to what is necessary for the purposes of processing
- data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
- data is not kept for longer than is necessary for its given purpose
- data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
- we comply with the relevant GDPR procedures for international transferring of personal data
- TYPES OF DATA HELD
We hold several categories of personal data in order to carry out effective and efficient processes.
Specifically, we hold the following types of data:
- personal details such as name, address, phone numbers
- name and contact details of your next of kin
- your photograph
- your gender, civil status, information of any disability you have or other medical information
- Employer and/or position
- bank account and card details for member’s
- student card details
- CCTV footage
- building access card records
- IT equipment use including telephones and internet access.
- COLLECTING YOUR DATA
We collect information about you during the membership registration process for any of our services including tours, club trials and membership enquiries. This information may include, but is not limited to your name, postal address, e-mail address, phone number, bank details (for membership only) and any other details as might be requested from you for the purpose of registration and/or continued use of our Services.
We may also collect information from you if you request information about the club or customer support. This information may include, but is not limited to your name, postal address, e-mail address, phone number.
Additional Information collected:
We may also collect the following information:
- Name, contact information and message if you contact us or participate in a survey, contest or promotion;
- Details such as traffic information, location data and other communication data (including IP address and browser type) collected by your availing of the Services;
- Device information including unique device identified;
- Your gym usage, payments, payment method and other account transactions – these are routinely analysed to assist us in improving the Services we provide to you;
- Your email conversations – either to place an enquiry or a customer service email;
- Your response to marketing campaigns from us or through our third parties i.e. open/click on such emails;
- Your social media profile details (name, profile photo and other information you make available to us) when you connect with or contact us through a social media account;
- Information derived based on profiling activity (see below); and
- Information from third party databases to comply with our legal and regulatory obligations. and Publicly Available Sources
Not all the personal information we hold about you will always come directly from you. We may also collect information from third parties such as our partners, service providers and publicly available websites (i.e. social media platforms), to comply with our legal and regulatory obligations, offer Services we think may be of interest, to help us maintain data accuracy and provide and enhance the Services.
If you log into one of our products through Facebook, Facebook provides us with some of your Facebook user details. We may use these details for the purposes of our registration process and to market our products and Services to you on Facebook.
Certain features of our mobile app may connect to your social networking sites to enable you to follow or be followed by other members of Iconic Health Clubs. As a result, we may process information from your social networking profile, but only if you consent to allow your social networking site to make information available to the app. You understand that, by creating an account for the mobile app, we will be able to identify you by your profile.
- LAWFUL BASIS FOR PROCESSING
The law on data protection allows us to process your data for certain reasons only. In the main, we process your data in order to comply with a legal requirement or in order to effectively manage the contract we have with you. The information below categorises the types of data processing we undertake and the lawful basis we rely on.
|Activity requiring your data||Lawful basis|
|Carry out the membership contract that we have entered into with you e.g. using your name, contact details, bank details,||Legal obligation|
|Ensuring membership is paid||Legal obligation|
|Contacting you after you have filled in a contact form enquiring about membership (either online or in club)||Our legitimate interests|
|Making adjustments to your membership||Our legitimate interests|
|Ensuring efficient administration of contractual benefits to you||Our legitimate interests|
|Effectively monitoring both your attendance||Our legitimate interests|
|Maintaining comprehensive up to date personnel records about you to ensure, amongst other things, effective correspondence can be achieved and appropriate contact points in the event of an emergency are maintained||Our legitimate interests|
|To notify you of any promotional offers we are running||Our legitimate interests|
|To notify you of any changes within the club or news that may affect you or your membership within the club||Our legitimate interests|
|Gaining expert medical opinion when making decisions about your fitness to exercise or attend the gym – when doctors notes are provided||Our legitimate interests|
|Dealing with legal claims made against us||Our legitimate interests|
|Preventing fraud||Our legitimate interests|
|Ensuring our administrative and IT systems are secure and robust against unauthorised access||Our legitimate interests|
- Identity and contact details of the data processor
Personal data collected by us and stored via our website or mobile app is processed on our behalf by ClubWise Software Ltd, 6 Tower Court, Horns Lane, Princes Risborough, Bucks, HP27 0AJ Company Reg: 3843268. Your data is stored in the UK. From time to time it may be made visible to employees of ClubWise Development India Pvt. Ltd, Office No. 101, First Floor, Fourtune Arcade, Yeolekar Mala, College Road, Nashik – 422005, Maharashtra for the purposes of software support. The data processor and group companies belonging to it are required by us to process your data in strict compliance with the GDPR.
5.2 Purposes of processing and legal basis
The principal purpose of collecting your personal data is to provide you with the services defined in your membership agreement. To this end, you agree and accept that we may use your personal data to:
- Contact you in respect of your membership
- Manage your club access
- Facilitate member rewards (if applicable)
- Resolve any problems you may have and improve our service to you
- Comply with our legal and regulatory obligations
We use the personal data submitted to us only in accordance with the applicable data protection legislation. Our employees and third-party providers are under an obligation to respect your data privacy.
- SPECIAL CATEGORIES OF DATA
Special categories of data are data relating to your:
- Employer and/or position
- biometric data.
We carry out processing activities using special category data:
- to ensure you are fit and able to exercise and use our facilities
- to determine reasonable adjustments
Most commonly, we will process special categories of data when the following applies:
- you have given explicit consent to the processing
- we must process the data in order to carry out our legal obligations
- we must process data for reasons of substantial public interest
- you have already made the data public.
- FAILURE TO PROVIDE DATA
Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of membership with you. This could include being unable to offer you gym access, or administer contractual benefits.
- WHO WE SHARE YOUR DATA WITH
Third party disclosures
Your information may be passed to and used by all Iconic Health Club companies. Your personal data is also passed to our data processor for the purpose of providing our services to you (see 5.2). Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. When they no longer need your data to fulfil this service, they will dispose of your details in line with Iconic Health Clubs procedures.
We will never pass your personal information to anyone else, except where we are required or permitted to do so by law, for any successors in title to our business and suppliers that process information on our behalf both in the UK and abroad. We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.
Employees within our company who have responsibility for membership, administration and gym functions will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.
Data is shared with third parties for the following reasons:
- To ensure you stay up to date with any changes within the club.
- To notify you of any promotional offers we are running
We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.
We share our Data with the following GDPR Compliant companies.
- Listen 360
- Clubwise Software Ltd
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer browser from a website’s computer and is stored on your device’s hard drive in the form of a text file.
Cookies are used to control an online session and provide security such as a time-out function. We only issues session specific cookies which store no personal or transactional data.
9.2 Third Party Cookies: Google Analytics
We may use Google Analytics for SEO purposes and to improve our online marketing efforts. For a detailed explanation of how Google Analytics cookies work please visit:
9.3 Other web sites
Our web site may contain links to other web sites which are outside our control and are not covered by this Privacy Notice. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy notice, which may differ from ours.
- PROTECTING YOUR DATA
We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.
- DATA RETENTION PERIODS
As a prospective member that has consented for us to contact you, we will retain your data for up to 12 months, unless you notify us that you no longer wish to be contacted. If you join us, we will retain your data for as long as you are a member. On termination of your membership, your personal data will be stored for a maximum period of 6 years for the purposes of responding to you in the event of any future indemnity claim that may arise. After this period, your personal data will be anonymized so you can no longer be identified from the information we hold.
11.1 Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
- a) Right to be informed – you have the right to know how your personal data is being used
- b) Right of access – you have the right to request a copy of the information that we hold about you.
- c) Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- d) Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- e) Right to restriction of processing – if you believe the basis for processing your data as described in section 3 of this notice no longer applies or if you contest the accuracy of the information we hold about you, you have a right to request restrictions to the processing of your data.
- f) Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- g) Right to object – you have the right to object to certain types of processing such as direct marketing.
- h) Right to object to automated processing, including profiling – you also have the right to not be subject to the legal effects of any automated processing or profiling.
|Application forms & DD forms||6 years from when member has terminated|
|Tour Prospect Information||1 year|
|Club Guest Information||1 year|
|Health and Safety Records of Major Incidents||10 years from the date of the accident|
|CCTV Footage||2 months|
|Website/Email/Facebook Enquiry||1 year|
|Member Feedback (eg,online feedback or comment cards)||5 years|
- YOUR RIGHTS
You have the following rights in relation to the personal data we hold on you:
- the right to be informed about the data we hold on you and what we do with it;
- the right of access to the data we hold on you. More information on this can be found in the section headed “Access to Data” below and in our separate policy on Subject Access Requests”;
- the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
- the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
- the right to restrict the processing of the data;
- the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
- the right to object to the inclusion of any information;
- the right to regulate any automated decision-making and profiling of personal data.
Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data.
- MAKING A COMPLAINT
If you think your data rights have been breached, you are able to raise a complaint with the Office of the Data Protection Commissioner. You can contact the ODPC at Data Protection Commissioner, Canal House, Station Road, Portarlington, R32 AP23, Co. Laois or by telephone on +353 57 8684800 or +353 (0)761 104 800 or Lo Call 1890 252 231 or email firstname.lastname@example.org.
- DATA PROTECTION COMPLIANCE
Our Data Protection Officer