The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software services provided by the Company downloaded by You on any electronic device
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United Kingdom
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to UP Fitness Limited, 3rd Floor, Acresfield, 8-10 Exchange Street, Manchester, M2 7HA, United Kingdom.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service(s) refers to the Application.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
The Company was founded on the belief that excellence and achievement don’t happen by accident, but through the rigorous application of intelligent process and what we like to term “educated effort”. Our goals are very simple – to help our clients achieve their dreams through the highest level of personal training and overall fitness coaching. For us, nothing else counts, and our business is run as a direct reflection of that singular aim. This privacy notice outlines how we process personal data in order to achieve this aim.
Ultimate Performance (UP Fitness Ltd) is a data controller of the personal data it collects and holds about you. We are registered with the Information Commissioner’s Office under the registration number ZA215042.
If you require any further information, or wish to contact us about how we collect and store your personal data, our contact details are:
4. Who this privacy notice applies to
This privacy notice explains how we will use the personal data of anyone who:
Contacts us to enquire about our products and services
Subscribes to our newsletters or to receive information about our promotions or offers
Downloads, and uses services via the Application
Undertakes a personal training programme with a UP Fitness trainer
Makes purchases through our application and website (e.g. supplements, EatUP)
5. Information About Your Personal Data
“Personal Data” is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, device IDs, certain cookie and network identifiers, and “Fitness and Wellness Data.”
6. How we obtain your personal data
We collect and process your personal data when you:
Complete a contact us form on our website or application
Subscribe to our newsletters or to receive information about our promotions or offers
Complete PARQ and UPQ questionnaires
Sign up to use online or digital Application services
Provide ongoing measurements to track progress and performance (e.g. weight, body fat, progress pictures, dietary tracking)
Provide information on training progress (e.g. volume, frequency)
Integrate information collected by third party applications, such as FitBit or HealthKit
Directly message your trainer through our application
Purchase products or services through our application or website
Provide comparison photographs or video testimonials
Complete surveys or questionnaires
7. The type of personal data we process
You as an individual
Full name and title Email address, home address and telephone numbers Gender Date of birth Nationality Country of residence UPF gym location Occupation Progress photographs Video testimonials Written testimonials Religious information Emergency contact details Ethnicity
Your health / fitness information
Height Weight Body fat Lean body mass Calliper measurements Girth measurements Body prophet priorities Blood pressure Heart rate Sleep quality Mental health concerns or issues Diet Mood Allergies Injuries
Volume Frequency Intensity
Your financial details (if applicable)
Credit card details
Whether you with to receive marketing from us and which types of marketing material you would like to receive
Information contained in any correspondence or communications sent by you (e.g. contact us form, direct messages to trainers on the Application)
Your mobile device
Automatically logged events – basic interactions in the app (e.g. app installs, app launches) and system events (e.g. SDK loading, SDK performance) that are collected automatically. Developers can disable automatic logging and log explicit events manually instead (instructions here for iOS and Android).
Facebook app ID – a unique identifier provided by Facebook to reference the advertiser’s website and mobile app.
Mobile advertiser ID – the iOS IDFA or Android Advertising ID.
Metadata from the request – the mobile OS type and version, the SDK version, app name, app version, the device opt-out setting, the user agent string and the client IP address. It also collects the following device related metrics: time zone, device OS, device model, carrier, screen size, processor cores, total disk space, remaining disk space.
8. How we will use your personal data and the legal basis for using that personal data
Performance of our contract with you
To enter into and perform contracts, where we supply products/services to you
We will use your personal data to: Create a tailored training programme and monitor your progress to ensure the programme is effective Track your bookings and visit history Provide you with access to online content (e.g. LiveUP) To process your orders and supply products to you (EatUP orders, eCommerce orders) To manage payments, fees, charges and collect/recover money owed to us
Enable our business and pursue our legitimate interests
To administer the sales process
We will process your personal data as part of the sales process to ensure the process is managed correctly
To monitor messages on the The Company application between trainers and their clients
We will use your personal data to ensure illegal activity is not taking place which may put our trainers at risk
To track the performance of clients and trainers
We will use your personal data to ensure our training programmes have been created
To track ongoing performance measurements
We will process your personal data to identify if the training programme is working effectively (e.g. decrease / increase in weight)
To take progress photographs
We will use take regular photographs of you in order to track your progress through our training programme
To undertake surveys
We will use your personal data to send you surveys. You are not obliged to answer them
To market to individuals
If you have purchased similar services or products from us previously, we may marketsimilar products or services as a legitimate interest in developing our business. You have the right to opt out from such marketing at any time. For more details see the ‘Marketing’ section below.
To market to individuals
We will ask for your consent to process your personal data in order to send marketing material to you. You have the right to withdraw consent at any time (see section 6 – Marketing).
To use photographs or videos in promotional material
We will ask for your consent to use your photographs or videos in promotional material. You have the right to withdraw consent at any time (see section 6 – Marketing).
To ensure we comply with health and safety requirements
We will process your personal data to highlight any health concerns before you begin a training programme with us
To defend, bring or establish legal claims
We may be required to process your personal data in order to deal with queries, complaints, claims and/or legal disputes submitted by you
Measurement Services and targeted ads
To track effectiveness of marketing campaigns on click through rate and conversion of app downloads.
Third parties, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads.
We may ask you, when you provide us with your personal data, if you are happy for us to contact you by telephone, post, email or SMS about products or services offered by us which we think may be of interest to you.
We will always include an unsubscribe button in any marketing emails. If you do wish to unsubscribe, please just click the unsubscribe button and we will promptly action that request. Alternatively, you can update your marketing preferences by contacting us at any-time by email at [email protected].
10. Who we share your personal data with
We value your personal data and do not sell your information to third parties in any circumstances. We share your personal data with trainers, contractors and employees in the country where you train to administer your training programme, your account, and any products and services provided to you now or in the future.
Personal data may be shared with government authorities and/or law enforcement officials if mandated by law or if required for the legal protection of our legitimate interests and in compliance with applicable laws.
11. How long we will hold onto your data
We will hold your personal data for as long as we need it for the purpose for which we collected it. We keep your contact and identification details, usage and attendance details and information about your personal circumstances during your time with us and for seven years after it ends so we can respond in the event of any query about your training programme. We may keep certain information for longer than this if we have a compelling reason for keeping it (e.g. defence of a legal claim).
12. Your data protection rights
You have a number of rights over how your personal data is processed. These include the right to:
ask us for copies of your personal information
ask us to rectify information you think is inaccurate or to ask us to complete information you think is incomplete
ask us to erase your personal information in certain circumstances
ask us to restrict the processing of your information in certain circumstances
to object to processing if we are able to process your information because it is in our legitimate interests
ask that we transfer the information you gave us from one organisation to another, or give it to you, in certain circumstances
The extent of these rights are limited by law and we may not act on part or all of your request(s) where the right(s) are not applicable. If we do not act on your request, we will explain our reasons why. In most cases, we will respond to your request within one month.
If you use our services within the European Economic Area (EEA) we may transfer your personal data outside of the EEA.
Where we transfer your personal data outside of the EEA, we will create and maintain appropriate safeguards so that your personal data is subject to the same standards and protections as when we are processing your personal data inside the EEA.
We implement technical and organizational safeguards to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
We do not knowingly collect Personal Data online from individuals under 16. If you become aware that a child has provided us with Personal Data without parental consent, please contact us through our Support Team. If we become aware that an individual under 16 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel that individual’s account.
16. How to complain
We work to high standards when it comes to processing your personal data. If you have queries or concerns, please contact us at [email protected] and we’ll respond.
We may update this Notice from time to time. When we change this Notice in a material way, we will update the version number at the bottom of this Notice. For significant changes to this Notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal data.