Phil Kenyon - Privacy Notice
Introduction
Welcome to the privacy notice for Phil Kenyon. We respect your privacy and
are committed to protecting your personal data. This privacy notice will inform
you as to how we look after your personal data and tell you about your privacy
rights and how the law protects you.
1.
Important information and
who we are
Purpose of this privacy notice
This privacy notice aims to give
you information on how Phil Kenyon collects and processes your personal data. We have relationships with other people in many different ways
such as our customers, prospective customers, suppliers, contractors (including
our personal trainers) and business advisers.
We have a separate privacy notice to give
information on how Phil Kenyon collects and processes the personal data or
prospective, current and former employees, workers and contractors.
Your personal trainer, operating under a licence
from Phil Kenyon, is a self-employed consultant. Your personal trainer needs
certain personal information from you, such as your contact details and health
information, so that he or she can provide you with excellent personal
training. Your personal trainer is responsible for collecting and processing
such data.
Phil Kenyon also collects data about you and this is
explained in more detail at paragraph 2 below. Controller
We have appointed a data privacy
manager who is responsible for overseeing questions in relation to this privacy
notice. If you have any questions about this privacy notice, including any
requests to exercise your legal rights, please contact the data privacy manager
using the details set out below.
Contact details
Name and title of the data privacy
manager: Steve Butters
Email address: info@philkenyonputting.com
Postal address: Unit 4, Discovery Works, Trafford Park Road, Manchester M17 1AN
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
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
Your use of our website may
include links to third-party websites, plug-ins and applications. Clicking on those
links or enabling those connections may allow third parties to collect or share
data about you. We do not control these third-party websites and are not
responsible for their privacy statements. When you leave our website, we
encourage you to read the privacy notice of every website you visit.
2.
The data we collect about
you
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).
We may collect, use, store and
transfer different kinds of personal data about you which we have grouped
together as follows:
·
Identity Data includes first name, maiden
name, last name, username or similar identifier, marital status, title, date of
birth and gender.
·
Contact Data includes billing address,
delivery address, email address and telephone numbers.
·
Financial Data includes bank account and
payment card details.
·
Transaction Data includes details about
payments to and from you and other details of products and services you have
purchased from us.
·
Technical Data includes 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 our website.
·
Profile Data includes your user name and
password, purchases or orders made by you, your interests, preferences, feedback
and survey responses, as well as your Facebook profile information.
·
Usage Data includes information about how
you use our website, products and services.
·
Marketing and Communications Data includes
your preferences in receiving marketing from us and our third parties and your
communication preferences.
We also collect, use and share Aggregated Data such
as statistical or demographic data for any purpose. Aggregated Data may be
derived from your personal data but is not considered personal data in law as
this data does not directly or
indirectly reveal your identity. For example, we may aggregate your Usage Data
to calculate the percentage of users accessing a specific section of our
website. 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
notice.
We may collect limited Special Categories of Personal
Data about you. Special Category Personal Data includes details about your
race or ethnicity, religious or philosophical beliefs, sex life, sexual
orientation, political opinions, trade union membership, information about your
health and genetic and biometric data. We do not collect any information about
criminal convictions and offences. The type of Special Category of Personal Data
we are more likely to collect is almost certainly limited to weight and body
measurements. We may publish or share this on our Facebook page if you have
already made the data public by posting about your training results on your
social media however we would get your explicit consent before doing so.
Likewise, we may share your weight loss and body measurement results on social
media if you are a competition winner but again we will only do so if you have
explicitly consented to this. You may also provide us with Special Category
Personal Data if you buy an online plan from us and you choose to input your
weight, steps, circumference measurements and such like in order to track your
own results and you would be consenting to provide this information for this
purpose at the time your input that data.
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 goods or services). In this
case, we may have to cancel a product or service you have with us but we will
notify you if this is the case at the time.
3.
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, Contact and Financial Data by
filling in forms or by corresponding with us by post, phone, email, via
Facebook or otherwise. This includes personal data you provide when you:
·
apply for our products or services;
·
create an account on any of our websites;
·
subscribe to our service or publications;
·
request marketing to be sent to you;
·
enter a competition, promotion or survey; or
·
give us some feedback.
·
Automated technologies or interactions.
As you interact with any of our websites, we may automatically collect
Technical Data about your equipment, browsing actions and patterns. We collect
this personal data by using cookies, server logs and other similar
technologies. We may also receive Technical Data about you if you visit other
websites employing our cookies.
·
Third parties or publicly available sources.
We may receive personal data about you from various third parties and public
sources as set out below:
·
Technical Data from the following parties:
(a)
analytics providers;
(b)
advertising networks; and
(c)
search information providers.
·
Contact, Financial and Transaction Data from
providers of technical, payment and delivery services.
·
Identity and Contact Data from publicly
availably sources.
4.
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 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 or
regulatory obligation.
Generally, we do not rely on consent
as a legal basis for processing your personal data other than in relation to
sending third party direct marketing communications to you via email or text
message. We do sometimes ask for your consent, specifically in relation to
special category personal data like your health information, and we will rely
on your consent if it is given. You have the right to withdraw consent at any
time by contacting our data privacy manager, whose contact details are
provided above.
Purposes for which we will use your
personal data
We have set out below, in a table
format, a description of 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 our data privacy manager,
whose contact details are provided above, 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.
Purpose/Activity
|
Type of data
|
Lawful basis for
processing including basis of legitimate interest
|
To register you as a new customer
|
(a) Identity
(b) Contact
|
Performance of a contract with you
|
To set up your arrangement with your personal trainer we
will pass your contact details to one or more of our self-employed personal
trainers
|
(a) Identity
(b) Contact
|
Performance of a contract with you
|
To process and deliver services to you including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e)Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover
debts due to us)
|
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy
policy
(b) Asking you to leave a review or take a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our
records updated and to study how customers use our products/services)
|
To enable you to partake in a prize draw, competition or
complete a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e)Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how
customers use our products/services, to develop them and grow our business)
|
To administer and protect our business and our websites (including
troubleshooting, data analysis, testing, system maintenance, support, reporting
and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) Necessary for our legitimate interests (for running
our business, provision of administration and IT services, network security, to
prevent fraud and in the context of a business reorganisation or group
restructuring exercise)
(b) Necessary to comply with a legal obligation
|
To deliver relevant website content and advertisements to
you and measure or understand the effectiveness of the advertising we serve
to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to study how
customers use our products/services, to develop them, to grow our business
and to inform our marketing strategy)
|
To use data analytics to improve our website,
products/services, marketing, customer relationships and experiences
|
(a) Technical
(b) Usage
|
Necessary for our legitimate interests (to define types of
customers for our products and services, to keep our website updated and
relevant, to develop our business and to inform our marketing strategy)
|
To make suggestions and recommendations to you about goods
or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
|
Necessary for our legitimate interests (to develop our
products/services and grow our business)
|
To facilitate online fitness and weight management plans
|
(a) Identity
(b) Special Category of Personal Data (health)
|
We will always get your explicit consent before processing
such information.
|
To use “before and after” weight and body measurements to
highlight success stories to our other customers or Facebook followers
|
(a) Identity
(b) Special Category of Personal Data (health)
|
We will always get your explicit consent before publishing
such information.
|
Marketing
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 (we call this marketing).
You will receive marketing
communications from us if you have requested information from us or purchased
goods or services from us and, in each case, you have not opted out of
receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share
your personal data with any company outside of Phil Kenyon for marketing purposes.
Opting out
You can ask us or third parties to
stop sending you marketing messages at any time by contacting the data
privacy manager at the contact details above.
Cookies
You can set your browser to refuse
all or some browser cookies, or to alert you when websites set or access
cookies. If you disable or refuse cookies, please note that some parts of our websites
may become inaccessible or not function properly.
We use Google
Analytics Cookies to help anonymously track the usage of our website so we can
monitor and where necessary improve performance of the website. These cookies
help identify how you arrived at the website; unique visits and repeat
visits; the pages visited within the website; the length of time spent on pages
and the website in total; the performance of our advertisement campaigns and
your approximate geographical location. We do not collect details of your
specific address using cookies.
We also use cookies
through our server to help the speed of our website, to track the number of
visits to our website and keep the site secure.
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
the data privacy manager, whose contact details are provided above.
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.
5.
Disclosures of your personal
data
We may have to share your personal
data with the parties set out below for the purposes set out in the table in
paragraph 4 above.
·
·
Third Parties as set out in the Glossary.
·
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 notice.
·
We require all third parties to respect the
security of your personal data and to treat it in accordance with the law. We
do not allow our third-party service providers to use your personal data for
their own purposes and only permit them to process your personal data for
specified purposes and in accordance with our instructions.
6.
International transfers
We do not transfer your personal
data outside the European Economic Area (EEA).
Some of our external third parties
are based outside the European Economic Area (EEA) so their processing
of your personal data will involve a transfer of data outside the EEA. We
expect and require external third parties to comply with UK data protection
laws, including when they transfer personal data outside of the EEA.
7.
Data security
We have put in place appropriate
security measures to prevent your personal data from being accidentally lost,
used or accessed in an unauthorised way, altered or disclosed. In addition, we
limit access to your personal data to those employees, agents, contractors and
other third parties who have a business need to know. They will only process
your personal data on our instructions and they are subject to a duty of
confidentiality.
We have put in place procedures to
deal with any suspected personal data breach and will notify you and any
applicable regulator of a breach where we are legally required to do so.
All data is stored on secure servers in the UK and
European Union, laptops and other electronic equipment storing your data are
password protected and any paper records we hold are stored securely and
destroyed when no longer needed.
8.
Data retention
How long will you use my personal
data for?
We will only retain your personal
data for as long as necessary to fulfil the purposes we collected it for,
including for the purposes of satisfying any legal, accounting, or reporting
requirements.
To determine the appropriate
retention period for personal data, we consider the amount, nature, and
sensitivity of the personal data, the potential risk of harm from unauthorised
use or disclosure of your personal data, the purposes for which we process your
personal data and whether we can achieve those purposes through other means,
and the applicable legal requirements.
In some circumstances you can ask
us to delete your data: see below for further information.
In some circumstances we may
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.
9.
Your legal rights
Under certain circumstances, you
have rights under data protection laws in relation to your personal data. These
include 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 of erasure for specific legal reasons which will be notified to you, if
applicable, in response to 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: (a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) 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; or (d) 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 (i.e.
useable on a computer). 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. Also, we may still be allowed to process your data
following the withdrawal of consent if another lawful justification for such
processing exists.
If you wish
to exercise any of the rights set out above, please contact our data
privacy manager, whose contact details are provided above.
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 may 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.
Time limit to respond
We try to respond to all
legitimate requests within one month. Occasionally it may 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.
10.
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).
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 or regulatory obligation means processing your
personal data where it is necessary for compliance with a legal or regulatory
obligation that we are subject to.
THIRD PARTIES
·
Service providers, acting as joint controllers
or processors, based in the UK, in the EEA or outside of the EEA, who provide
outsourced services to Phil Kenyon and/or employees.
·
Professional advisers, acting as processors or
joint controllers, including lawyers, bankers, auditors and insurers based in
the UK, in the EEA or outside of the EEA, who provide consultancy, banking,
legal, insurance and accounting services.
·
HM Revenue & Customs, regulators and other
authorities, acting as processors or joint controllers, based in the UK or the
EEA who require reporting of processing activities in certain circumstances.