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 this Privacy Policy:
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.
“Personal Data” means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes your full name, email address, phone number, device IDs, certain cookie and network identifiers, and “Fitness and Wellness Data.”
Service(s) refers to the Application.
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.
We take your privacy very seriously. This Privacy Policy details what Personal Data we collect and how we shall use it.
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:
Address: 3rd Floor Acresfields, 8 – 10 Exchange Street, Manchester, England, M2 7HA
Email: [email protected]
This Privacy Policy explains how we will use the Personal Data of anyone who:
This Privacy Policy relates to data about you, your devices, and your interaction with our Services.
The Company collects, uses, discloses and processes Personal Data as outlined in this Privacy Policy, including to operate and improve the Services and our business; for advertising and marketing; and to provide you with innovative fitness and wellness services, as further described in this Privacy Policy.
We may create de-identified or anonymous data from Personal Data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means. Our use of anonymized and de-identified data is not subject to this Privacy Policy.
We collect and process your Personal Data when you:
| 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 |
| Training data | · Volume
· Frequency · Intensity |
| Your financial details (if applicable) | · Credit card details |
| Your preferences | · Whether you with to receive marketing from us and which types of marketing material you would like to receive |
| Your correspondence | · 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. |
| 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 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 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 market similar 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. |
| Consent | |
| 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). |
| Legal obligations | |
| 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].
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. Where we share your information, we shall do so for the following reasons:
We may outsource support functions of our organisation to trusted partners. The categories of these recipients include:
| Categories of Recipient | Who we use | Privacy Notice |
| IT support & security providers | Citation Cyber | https://www.citation.co.uk/citation-limited-privacy-information/ |
| Halo | https://haloservicedesk.com/privacy-policy/
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| Cloud based services & software | Microsoft 365 | https://privacy.microsoft.com/en-gb/privacystatement
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| Microsoft Azure | ||
| PowerBI | ||
| Microsoft Dynamics | ||
| Adobe | https://www.adobe.com/uk/privacy/policy.html | |
| Airtable | https://www.airtable.com/privacy
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| Amazon Web Services | https://aws.amazon.com/privacy/?nc1=f_pr
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| Google App Sheet | https://policies.google.com/privacy
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| Zapier | https://zapier.com/privacy
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| Customer Service Platform & Software
Email Marketing Platform |
BloomReach | https://www.bloomreach.com/en/legal/privacy
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| Sugar | https://www.sugarcrm.com/legal/privacy-policy/
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| Mind Body | https://company.mindbodyonline.com/legal/privacy-policy
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| Zendesk | https://www.zendesk.co.uk/company/agreements-and-terms/privacy-notice/
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| Active Campaign | https://www.activecampaign.com/legal/privacy-policy
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| outsourced telephone and web-based communications | Aircall | https://aircall.io/privacy/
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| Payment service providers | Stripe | https://stripe.com/gb/privacy
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| Azzure IT | https://www.azzure-it.com/about-us/privacy/privacy-policy/
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| Retail | Shopify | https://www.shopify.com/legal/privacy
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| Data Protection & Cyber Security Compliance Consultant | CSS Assure | https://cssassure.com/privacy-policy/
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| Reporting & Web analytics service providers | Google Analytics | https://policies.google.com/technologies/partnersites?hl=en-US |
| Ruler Analytics | https://www.ruleranalytics.com/privacy-policy/ | |
| Metabase | https://www.metabase.com/privacy | |
| Social Media Provider | https://www.linkedin.com/legal/privacy-policy | |
| https://en-gb.facebook.com/privacy/explanation | ||
| https://twitter.com/en/privacy | ||
| https://help.instagram.com/519522125107875 |
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).
Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.
Should you require further information regarding retention periods, please contact us by using the details in the 3. Introduction section of this Privacy Policy.
You have a number of rights over how your Personal Data is processed. These include the right to:
The extent of these rights is 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. If you make a request, we have one month to respond to you.
Automated decision-making, including profiling
If you wish to exercise any of your individual rights, please contact us by using the details in the 3. Introduction section of this Privacy Policy.
More information can be found on the Information Commissioner’s Office website.
We may transfer Personal Data to countries outside of the UK.
If data is transferred outside of the UK, we will only transfer data to a country deemed adequate by the UK Government or will put in place appropriate safeguards as set out in the UK GDPR, including the use of International Data Transfer Agreements.
We currently transfer data to:
Australia – International Data Transfer Agreement (IDTA); or International Data Transfer Addendum (Addendum),
Dubai – International Data Transfer Agreement (IDTA); or International Data Transfer Addendum (Addendum),
Hong Kong – International Data Transfer Agreement (IDTA); or International Data Transfer Addendum (Addendum),
India – International Data Transfer Agreement (IDTA); or International Data Transfer Addendum (Addendum),
Singapore – International Data Transfer Agreement (IDTA); or International Data Transfer Addendum (Addendum),
The Netherlands – The UK government has stated that transfers of data from the UK to the EEA are permitted.
The United States – UK – US Data Bridge
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 email [email protected]
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.
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.
If you remain dissatisfied, you can make a complaint about the way we process your Personal Data to the Information Commissioner’s Office.
We may update this Privacy Policy from time to time. When we change this Privacy Policy in a material way, we will update the version number at the bottom of this Privacy Policy. For significant changes to this Privacy Policy we will try to give you reasonable Privacy Policy 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.
