MyGym Data Protection Policy
1.0 Policy Objective
To ensure that MyGym shall remain fully compliant with the requirements of the European Union General Data Protection Regulation (EU Regulation 2016/679), also known as EU GDPR. To ensure that MyGym is properly undertaking the activities and implementing the controls required by EU GDPR, and that full and accurate data protection records are created and maintained to demonstrate compliance.
2.0Key GDPR Definitions
- Personal Data refers to information about a living individual, which means that they can be identified (a) from that data, or (b) from that data and any other information which is, or could in the future, come into the possession of the data controller. Also see Special Categories of Personal Data.
- Special Categories of Personal Data (also known as Sensitive Personal Data) refers to a specific sub-group of Personal Data, which comprises an individuals
- racial or ethnic origin
- political opinions
- religious or philosophical beliefs
- trade union membership
- physical or mental health
- sexual preferences or activities
- biometric or genetic data
- history of offences, convictions or cautions *
- Note: whilst criminal offences are not classified as sensitive data within GDPR, we have included them as such as acknowledgement of the care needed with this data set.
- Data Controller refers to the person, organisation, public authority, agency or other body who, either alone or with others, determines the purposes for which and the manner in which any personal data is to be processed, and defines the controls required for such Processing.
- Data Processor refers to any person or organisation (other than an employee of the Data Controller) who undertakes the Processing of personal data on behalf of the Data Controller.
- Processing refers to any operation which is performed upon or applied to personal data, whether undertaken manually or by automated means, including its acquisition, organisation, storage, retrieval, consultation, amendment, availability, disclosure, erasure or destruction.
- Data Subject refers to an individual who is the subject of personal data.
- Data Subject Consent refers to the Data Subjects approval or agreement for an activity to take place, having given consideration to the benefits and risks of the activity. For consent to be valid, the data subject needs to be informed, have the capacity and knowledge to make a
- decision, and to have given their consent voluntarily. Specific requirements need to be met in connection with the consent which is given by Children, including validating parental consent and the age of the Child.
- Child refers to a data subject who is under 16 years of age, and for those under 13 years of age processing is only lawful if parent or guardian Consent has been obtained.
- Supervisory Authority refers to the national data protection authority of each EEA country, responsible for enforcing GDPR within their own nation. The Supervisory Authority is also the reporting point for data breach notifications, for conducting investigations, and for issuing administrative penalties in accordance with the requirements of GDPR. Within the UK, the Supervisory Authority is the Information Commissioners Office.
This Data Protection Policy shall:
- Apply to MyGym activities which related to the Processing of Personal Data, either as Data Controller, or as Data Processor acting under the lawful instructions of a third party.
- Shall apply to all ways in which Personal Data is acquired, received, processed, stored, amended, disclosed and erased. This shall include MyGym data, as well as personal data owned by an external organisation, and entrusted to MyGym under a contract which specifically communicates data protection requirements.
- Ensure that the rights of Data Subjects under GDPR are upheld.
- Be communicated to all employees, contractors, third party user, external Data Processors, and any other organisation or individual with a bona-fide need to access Personal Data held by or entrusted.
To fully comply with EU GDPR, MyGym shall:
* Keep all personal information (including employee information) secure, regardless of its format or category, or the process or activities which use it, to prevent accidental or unauthorised loss, theft or breach.
* Maintain a full and accurate inventory of all personal data which is under its control.
* Provide regular data protection training to all personnel and third parties who are engaged in delivering any activity which involves the processing of personal data.
* Provide specific data protection training for those employees with specific GDPR responsibilities, including Senior Management and the organisations Privacy Officer.
* Ensure that all data processing activities are subject to full and accurate Privacy Impact Assessments (also known as Data Protection Impact Assessments under GDPR), and promptly acting to remediate the findings of such assessments.
* Ensure that personal data processing activities are afforded suitable protection by conducting risk assessments of the physical, technical and personnel elements of the activity (for example as part of the organisations Information Security Management System).
* Validate that personal data is afforded the protection which is documented with the MyGym Acceptable Use Policy and Access Control Policy.
* Only process personal data for legitimate business purposes and in accordance with the Privacy Impact Assessment which has been prepared to cover that purpose.
* Ensure that all personal information is properly returned or effectively deleted or destroyed when it is no longer required, in accordance with supporting Privacy Impact Assessments.
* Implement a suitable mechanism and supporting records for recording data subject consent for the processing of their personal data and using these records as a reference point when deciding how personal data is to be processed.
* Clearly communicate to data subjects how their personal data is to be processed, where it is to be transferred to (if applicable), and their rights as data subjects.
* Maintain clear and concise Privacy Notices, and related information for data subjects.
* Ensure that third parties involved in personal data processing activities understand this Policy and related GDPR documentation and can evidence their own levels of GDPR compliance.
* Ensure that effective processes, technical controls and competent resources are in place to undertake tasks promptly and diligently related to delivering the rights of data subjects.
* Implement effective processes and monitoring controls to provide protection for personal data, and to detect any loss, theft or data breaches.
* Authorise any off-site or off-shore processing of personal data before being approved and updating and reissuing the corresponding Privacy Impact Assessment.
* Undertake to promptly report any actual or suspected data breaches to the Supervisory Authority within the required timeframes, and to communicate the breach to affected data subjects.
* Willingly and fully co-operate with any investigations into data breaches as may be required by the Supervisory Authority or similar legislative function.
* The Director shall be responsible for:
o ensuring that MyGym remains fully compliant with GDPR
o providing the personnel, resources, infrastructure and training required
o ensuring that mandatory data protection training is delivered on a regular basis
o nominating a suitably qualified and trained employee (Privacy Officer) to oversee GDPR at site level
o maintaining visibility of issues identified within Privacy Impact Assessments
* MyGym Privacy Officer shall:
o maintain professional awareness of GDPR and its requirements
o have visibility of and sign-off to the organisations Privacy Impact Assessments
o have the seniority to escalate and report GDPR compliance issues to the Director
o advise Director of any changes to data protection legislation
o act as a reference point to the organisations management and staff
o maintain communications with the Supervisory Authority
o co-ordinate breach reporting activities, and any follow-up investigative actions
* All employees, contractors, and third parties, as defined within the Scope of this Policy, shall:
o understand and fully comply with this Data Protection Policy
o maintain an understanding of GDPR, and their role in ensuring full compliance
o only undertake activities in accordance with published Privacy Impact Assessments
o promptly identify and report and data losses or breaches of which they become aware
o undertake Privacy Impact Assessments, if identified as an activity owner
o assist in understanding and resolving issues arising from Privacy Impact Assessments
o attend data protection training which has been provided
How your personal information is used by MyGym
Last updated May 2018.
How we use your personal information
This privacy notice is to let you know how MyGym promise to look after your personal information. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing you want us to send you. This notice explains how we do this and tells you about your privacy rights and how the law protects you.
Our Privacy Promise – We promise:
- To keep your data safe and private.
- Not to sell your data.
- To give you ways to manage and review your marketing choices at any time.
Data Protection law will change on 25 May 2018
This notice sets out most of your rights under the new laws. Well update it again between now and 25 May 2018 when changes come into effect.
How the law protects you
As well as our Privacy Promise, your privacy is protected by law. This section explains how that works.
Data Protection law says that we are allowed to use personal information only if we have a proper reason to do so. This includes sharing it outside MyGym.
The law says we must have one or more of these reasons:
- To fulfil a contract we have with you, or
- When it is our legal duty, or
- When it is in our legitimate interest, or
- When you consent to it.
A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.
Here is a list of all the ways that we may use your personal information, and which of the reasons we rely on to do so. This is also where we tell you what our legitimate interests are.
|What we use your personal information for||Our reasons||Our legitimate interests|
| To manage our relationship with you or your business. To develop new ways to meet our customers needs and togrow our business. To develop and carry out marketing activities. To study how our customers use products and servicesfrom us and other organisations.
To provide advice or guidance about our products and
|Your consent. Fulfilling contracts. Our legitimate interests. Our legal duty.||Keeping our records up to date, working out which of our products and services may interest you and telling you about them. Developing products and services, and what we charge for them. Defining types of customers for new products or services. Seeking your consent when we need it to contact you. Being efficient about how we fulfil our legal duties.|
|To develop and manage our brands, products and services. To test new products. To manage how we work with other companies thatprovide services to us and our customers.||
||Developing products and services, and what we charge for them. Defining types of customers for new products or services. Being efficient about how we fulfil our legal and contractual duties.|
|To deliver our products and services. To manage customer payments. To collect and recover money that is owed to us.||Fulfilling contracts. Our legitimate interests. Our legal duty.||Being efficient about how we fulfil our legal and contractual duties. Complying with regulations that apply to us.|
|To detect, investigate, report, and seek to prevent financialcrime. To manage risk for us and our customers. To obey laws and regulations that apply to us. To respond to complaints and seek to resolve them.||Fulfilling contracts. Our legitimate interests. Our legal duty.||Developing and improving how we deal with financial crime, as well as doing our legal duties in this respect . Complying with regulations that apply to us. Being efficient about how we fulfil our legal and contractual duties.|
|To run our business in an efficient and proper way. Thisincludes managing our financial position, business capability,planning, communications, corporate governance, and audit||Our legitimate interests. Our legal duty.||Complying with regulations that apply to us. Being efficient about how we fulfil our legal and contractual duties|
|To exercise our rights set out in agreements or contracts.||Fulfilling contracts.|
Groups of Personal Information
We use many different kinds of personal information, and group them together like this.
|Type of personal information||Description|
|Financial||Your financial position, status and history.|
|Contact||Where you live and how to contact you.|
|Socio-Demographic||This includes details about your work or profession, nationality, education and where you fit into general social or income groupings.|
|Transactional||Details about payments to and from your account with us|
|Contractual||Details about the products or services we provide to you.|
|LOcational||Data we get about where you are, such as may come from your mobile phone, or the address where you connect a computer to the internet.|
|Behavioural||Details about how you use our products and services.|
|Technical||Details on the devices and technology you use.|
|Communications||What we learn about you from letters, emails, and conversations between us.|
|Social Relationships||Your family, friends, and other relationships.|
|Open Data and PublicRecords||Details about you that are in public records such as the Electoral Register, and information about you that is openly available on the internet.|
|Usage Data||Other data about how you use our products and services.|
|Documentary Data||Details about you that are stored in documents in different formats, or copies of them.This could include things like your passport, drivers licence, company payslip or corporate ID, or birth certificate|
|Special types of data||The law and other regulations treat some types of personal information as special. We will only collect and use these types of data if the law allows us to do so:
|Financial||Any permissions, consents, or preferences that you give us. This includes things like how you want us to contact you and what you want ongoing marketing information about. We also collect consents from parents or guardians of children under the age of 16 who use our services and who we need to keep informed.|
|National Identifier||A number or code given to you by a government to identify who you are, such as a National Insurance number.|
Where we collect personal information from
We may collect personal information about you (or your business):
Data you give to us:
- When you enquire about or apply for our products and services
- When you talk to us in club
- When you use our websites and mobile device apps.
- In emails and letters
- In any fitness related consultations or updates
- In customer surveys
- If you take part in our competitions or promotions.
Data we collect when you use our services. This includes the amount, frequency, type and location:
- Payment and transaction data.
- Profile and usage data. This includes the profile you create to identify yourself when you connect to our internet, mobile and telephone services. It also includes other data about how you use those services. We gather this data from devices you use to connect to those services, such as computers and from our own transactional databases.
Data from third parties we have relationships with:
- Companies or individuals that introduce you to us
- Financial organisations
- Credit reference agencies
- Comparison websites
- Social networks
- Fraud prevention agencies
- Payroll service providers
- Public information sources such as Companies House
- Loyalty scheme operators
- Debt recovery companies
- Agents working on our behalf
- Market researchers
- Medical practitioners*
- Government and law enforcement agencies.
* In some instances we may ask your GP or other medical professional to liaise with us about your health condition to ensure we act in your best interest. We will only do this if we get your consent first.
Who we share your personal information with
We may share your personal information with our membership administrative companies and these organisations:
- Agents and advisers who we use to help run your accounts and services, collect what you owe, and explore new ways of doing business
- HM Revenue & Customs, regulators and other authorities
- Credit reference agencies
- Fraud prevention agencies
- Insurance companies and brokers in the event of claims
- Any party linked with you or your businesss product or service
- Companies we have a joint venture or agreement to co-operate with
- Organisations that introduce you to us
- Companies that we introduce you to
- Companies you ask us to share your data with.
We may need to share your personal information with other organisations to provide you with the product or service you have chosen:
- If you use direct debits, we will share your data with the Direct Debit scheme.
- If you make an insurance claim, information you give to us or the insurer may be put on a register of claims. This will be shared with other insurers.
- Our payment providers and membr (CRM)
How we use your information to make automated decisions
We sometimes use systems to make automated decisions based on personal information we have or are allowed to collect from others about you or your business. This helps us to make sure our decisions are quick, fair, efficient and correct, based on what we know. These automated decisions can affect the products, services or features we may offer you now or in the future, or the price that we charge you for them.
Here are the types of automated decision we make:
We may decide what to charge for some products and services based on what we know.
Tailoring products and services
We may place you in groups with similar customers. These are called customer segments. We use these to study and learn about our customers needs, and to make decisions based on what we learn. This helps us to design products and services for different customer segments, and to manage our relationships with them.
Purchasing a Membership
When you buy a membership from us, we check that the product or service is relevant for you, based on what we know. We also check that you or your business meets the conditions needed to purchase and use the membership. This may include checking age and eligibility via a company or other membership group.
Validating bank account details
We may use a third party system to check whether the bank account details you have provided are valid.
As a person you have rights over automated decisions.
- You can ask that we do not make our decision based on the automated score alone.
- You can object to an automated decision, and ask that a person reviews it.
- If you want to know more about these rights, please contact us.
Credit Reference Agencies (CRAs)
We may carry out credit and identity checks if you fail to complete the minimum term of your membership and we seek to recover the outstanding balance owed plus any fees and charges applied in addition. We may use Credit Reference Agencies to help us with this.
If you use our services, from time to time we, or one of our Credit Control Agencies on our behalf, may also search information that the CRAs have, to help us manage our relationship with you.
We will share your personal information with CRAs and they will give us information about you. The data we exchange can include:
- Name, address and date of birth
- Your contact details including mobile and email addresses.
- The value of your membership/contract value
- Your financial situation and transaction history with us
- Correspondence that you have provided to us and we to you in relation to the outstanding balance of your membership.
- Public information, from sources such as the electoral register and Companies House.
Well use this data to:
- Trace and recover debts
We will go on sharing your personal information with CRAs for as long as you are a member. This will include details about your settled accounts and any debts not fully repaid on time. It will also include
details of funds going into the account, and the account balance. The CRAs may give this information to other organisations that want to check credit status. We will also tell the CRAs when you settle your accounts with us.
When we ask CRAs about you or your business, they will note it on your credit file. This is called a credit search. Other lenders may see this and we may see credit searches from other lenders.
CRAs will also link your records together. These links will stay on your files unless one of you asks the CRAs to break the link. You will normally need to give proof that you no longer have a financial link with each other.
You can find out more about the CRAs on their websites, in the Credit Reference Agency Information Notice. This includes details about:
- Who they are
- Their role as fraud prevention agencies
- The data they hold and how they use it
- How they share personal information
- How long they can keep data
- Your data protection rights.
Here are links to the information notice for each of the three main Credit Reference Agencies: Callcredit Equifax Experian
Preventing Fraud or other crime
We may need to confirm your identity and eligibility to purchase some of our products before we provide products or services to you or your business. Once you have become a customer of ours, we will also share your personal information as needed to help detect fraud or prevent other crime.
We or a third party agency can only use your personal information if we have a proper reason to do so. It must be needed either for us to obey the law, or for a legitimate interest.
A legitimate interest is when we have a business or commercial reason to use your information. This must not unfairly go against what is right and best for.
We will use the information to:
- Confirm identities
- Help prevent fraud or other crime
- Fulfil any contracts you or your business has with us.
We or a third party agency may allow law enforcement agencies to access your personal information. This is to support their duty to detect, investigate, prevent and prosecute crime.
FPAs can keep personal information for different lengths of time. They can keep your data for up to six years if they find a risk of fraud or money-laundering.
The information we use
These are some of the kinds of personal information that we use:
- Date of birth
- Residential address
- History of where you have lived
- Contact details, such as email addresses and phone numbers
- Financial data
- Data relating to your or your businesses products or services
- Employment details
- Club Attendance details
How this can affect you
If we or an FPA decide there is a risk of fraud or other crime, we may suspend or cancel your membership. FPAs will also keep a record of the risk that you or your business may pose.
This may result in other organisations refusing to provide you with products or services, or to employ you.
Data transfers out of the EEA
We will not in our normal course of business transfer your details outside of the EEA.
Sending data outside of the EEA
We will only send your data outside of the European Economic Area (EEA) to:
- Follow your instructions.
- Comply with a legal duty.
- Work with our agents and advisers who we use to help run our services.
If we do transfer information to our agents or advisers outside of the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA. Well use one of these safeguards:
- Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
- Put in place a contract with the recipient that means they must protect it to the same standards as the EEA.
- Transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA.
If you choose not to give personal information
We may need to collect personal information by law, or under the terms of a contract we have with you.
If you choose not to give us this personal information, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform services needed to run your accounts or policies. It could mean that we cancel a product or service you have with us.
Any data collection that is optional would be made clear at the point of collection.
We may use your personal information to tell you about relevant products and offers. This is what we mean when we talk about marketing.
The personal information we have for you is made up of what you tell us, and data we collect when you use our services, or from third parties we work with.
We study this 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 can only use your personal information to send you marketing messages if we have either your consent or a legitimate interest. That is when we have a business or commercial reason to use your information. It must not unfairly go against what is right and best for you.
You can ask us to stop sending you marketing messages by contacting us at any time.
Whatever you choose, you’ll still receive statements, and other important information such as changes to your existing products and services and information to encourage you to get the most from your membership with us.
We may ask you to confirm or update your choices, if you take out any new products or services with us in future. We will also ask you to do this if there are changes in the law, regulation, or the structure of our business.
If you change your mind you can update your choices at any time by contacting us.
How long we keep your personal information
We will keep your personal information for as long as you are a member of MyGym.
After you stop being a member, we may keep your data for up to 5 years for one of these reasons:
- To respond to any questions or complaints.
- To show that we treated you fairly.
- To maintain records according to rules that apply to us.
We may keep your data for longer than 6 years if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected and only use it for those purposes.
How to get a copy of your personal information
You can access your personal information by speaking with us in club in a formal manner and we will assist you in obtaining your request. We will require you to provide a proof of identity before we release information to you.
Letting us know if your personal information is incorrect
You have the right to question any information we have about you that you think is wrong or incomplete. Please contact us if you want to do this.
If you do, we will take reasonable steps to check its accuracy and correct it.
What if you want us to stop using your personal information?
You have the right to object to our use of your personal information, or to ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. This is known as the right to object and right to erasure, or the right to be forgotten.
There may be legal or other official reasons why we need to keep or use your data. But please tell us if you think that we should not be using it.
We may sometimes be able to restrict the use of your data. This means that it can only be used for certain things, such as legal claims or to exercise legal rights. In this situation, we would not use or share your information in other ways while it is restricted.
You can ask us to restrict the use of your personal information if:
- It is not accurate.
- It has been used unlawfully but you dont want us to delete it.
- It not relevant any more, but you want us to keep it for use in legal claims.
- You have already asked us to stop using your data but you are waiting for us to tell you if we are allowed to keep on using it.
If you want to object to how we use your data, or ask us to delete it or restrict how we use it or, please contact us in club and we can assist you in your request. We will require you to provide a proof of identity before we confirm what action will be taken.
How to withdraw your consent
You can withdraw your consent at any time. Please contact us if you want to do so.
If you withdraw your consent, we may not be able to provide certain products or services to you. If this is so, we will tell you.
How to complain
Please let us know if you are unhappy with how we have used your personal information. You can contact us in club and we will assist you in the matter.
You also have the right to complain to the Information Commissioners Office. Find out on their website how to report a concern.
Future formats for sharing data
The Data Privacy laws will change on 25 May 2018. From that date you will have the right to get your personal information from us in a format that can be easily re-used. You can also ask us to pass on your personal information in this format to other organisations.
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