PRIVACY/GDPR FOR OUR ONLINE STORE, WEBSITES, APPLICATIONS, SAAS & MEMBER MANAGEMENT
Last updated: 24 January 2023
Thank you for choosing to be part of our community at UBX, doing business as UBX Global Limited and UBX Training (Outside of Australia) & UBX Australia (Within Australia Only) (“UBX Training”, “UBX Australia, “UBX”, “UBX Fitness”,“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com with the subject line: [ATTN: UBX COMPLIANCE]
When you visit our mobile applications, purchase kits and merchandise through our online store, and use our services, you provide us with your personal information. We take your privacy very seriously. In this policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important.
This policy applies to all information collected through our mobile applications, ("Apps"), Websites, Online Stores, and Membership Management Systems and/or any related services, sales, marketing or events (we refer to them collectively in this policy as the "Services"). For the purposes of both the EU and UK General Data Protection Regulations (GDPR), the controller of your personal data will be UBX Global Limited.
Please read this policy carefully as it will help you make informed decisions about sharing your personal information with us.
TABLE OF CONTENTS
- 01. WHAT INFORMATION DO WE COLLECT?
- 02. HOW DO WE USE YOUR INFORMATION?
- 03. LAWFUL BASES FOR PROCESSING AND SHARING YOUR INFORMATION
- 04. WILL YOUR INFORMATION BE SHARED WITH ANYONE
- 05. WHO WILL YOUR INFORMATION BE SHARED WITH?
- 07. DO WE USE GOOGLE MAPS?
- 08. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
- 09. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
- 10. HOW LONG DO WE KEEP YOUR INFORMATION?
- 11. HOW DO WE KEEP YOUR INFORMATION SAFE?
- 12. WHAT ARE YOUR PRIVACY RIGHTS?
- 13. CONTROLS FOR DO-NOT-TRACK FEATURES
- 14. CCTV Policy
- 15. DATA REMOVAL REQUEST
- 16. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
- 17. DO WE MAKE UPDATES TO THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when registering at the Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Apps (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Apps, the choices you make and the products and features you use. The personal information we collect can include the following:
Identification and Contact Information Provided by You. We collect first name, maiden name, last name, and nickname; current and former address; phone numbers; email addresses; social media; and other similar data. In addition we also collect the contact details of provided by you as part of any "refer a friend" option exercised by you.
Membership Information Provided by You. We collect data about health, MyZone/FitBit and similar apps data; app usage; and other similar data.
Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.
Health Information. We collect a limited amount of data which may disclose information relating to your health (including effort levels, fitness metrics, weight).
All personal information that you provide to us should be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Apps.
We automatically collect certain information when you visit, use or navigate the Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Apps and other technical information. This information is primarily needed to maintain the security and operation of our Apps, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy: ubxtraining.com/legal/cookie-policy.
Online Identifiers. We collect devices; applications; tools and protocols, such as IP (Internet Protocol) addresses; device's geolocation; Radio Frequency Identification (RFID) tags; cookie identifiers, or others such as the ones used for analytics and marketing; and other similar data.
Information collected through our Apps
In short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
- Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, calendar, sensors, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
- Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
2. HOW DO WE USE YOUR INFORMATION?
In short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent (however, we only rely on consent in relation to the collection and processing of health data).
We use personal information collected via our Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process.If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" for further information.
- To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
- Fulfill and manage your orders. We may use your information to fulfil and manage your orders, payments, returns, and exchanges made through the Apps or on the online store.
- Gain access to our clubs. Information is added to our internal Membership Management system so that you may gain access to our UBX Clubs if you hold a valid club membership.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. LAWFUL BASES FOR PROCESSING AND SHARING YOUR INFORMATION
In short: We only process and share information to comply with laws, to provide you with services, to protect your rights, to fulfil business obligations, or, in relation to the collection and processing of health data, with your consent.
We may process or share data based on the following legal basis:
- Consent: We may process your health data if you have given us specific and explicit consent to use your health data in connection with the provision of the services.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
- Medical Emergencies: In the event of a medical emergency at a UBX club, information may be shared with officials. Please refer to your individual club's policy for details.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
4. WILL YOUR INFORMATION BE SHARED WITH ANYONE
We may need to process your data or share your personal information in the following situations:
- Vendors, Consultants, Manufacturers and Other Third-Party Service Providers.We may share your data with third party vendors, product manufacturers, product providers, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, address (to the extent you have ordered physical products for delivery), hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Apps, which will enable them to collect data about how you interact with the Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
5. WHO WILL YOUR INFORMATION BE SHARED WITH?
In short: We only share information with the following third parties to provide you with the best user experience.
We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
- Cloud Computing & Platform SaaS Suppliers
- Marketing Communications & Chat with Users Suppliers
- Invoice and Billing Suppliers
- User Account Registration and Authentication Suppliers
- Web and Mobile Analytics Providers
- Advertising, Tracking & Targeting Providers and Partners
- Website & App Testing Providers
7. DO WE USE GOOGLE MAPS?
In short: Yes, we use Google Maps for the purpose of providing better service.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time. We use information about location in conjunction with data from other data providers.
8. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Google logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.
9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In short: We may transfer, store, and process your information in countries other than your own.
Location of Servers:
Our servers are located in the United Kingdom, Australia, and United States. If you are accessing our Apps from outside Australia, and United States, for example, in the United Kingdom, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in New Zealand, Singapore, Australia, United Kingdom, and other countries.
Transfers outside the European Economic Area and the United Kingdom:
If you are a resident in the European Economic Area or the United Kingdom, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take appropriate supplementary measures (namely, the implementation of Standard Contractual Clauses or approved data transferring clauses) to protect your personal information in accordance with this policy and applicable law. Further information regarding these supplementary measures can be requested from firstname.lastname@example.org with the subject line: [ATTN: UBX COMPLIANCE].
10. HOW LONG DO WE KEEP YOUR INFORMATION?
In short: We keep your information for as long as necessary to fulfil the purposes outlined in this policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). Under applicable laws, we may need to keep certain information for up to seven years after you cease being a customer of UBX Limited to defend against potential future legal claims.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
11. HOW DO WE KEEP YOUR INFORMATION SAFE?
In short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Apps is at your own risk. You should only access the services within a secure environment.
12. WHAT ARE YOUR PRIVACY RIGHTS?
In short: In some regions, such as the European Economic Area and the United Kingdom, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area and the United Kingdom), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure of your personal information; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
In the United Kingdom, the data protection supervisory authority is the Information Commissioner’s Office whose contact details are available here: https://ico.org.uk/make-a-complaint/.
California privacy laws, including the California Consumer Privacy Act ("CCPA") require that we provide California residents information about how we use their personal information, and this section is intended to satisfy that requirement.
Under the CCPA, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.
Right to Opt-out/in. California residents have the right to opt-out of our sale of their personal information and personal information about California residents who we know are younger than 16 years old cannot be sold without opt-in consent. We do not sell your personal information.
Right to Opt-In. We do not sell personal information about residents who we know are younger than 16 years old without opt-in consent.
Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information. We do not currently offer any financial incentive programs.
Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months: (a) California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes; (b) California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (i) by mail or (ii) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance; (c) California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months.
If you are a resident in California and wish to exercise any of these rights, you may email us at email@example.com. if you wish to unsubscribe from our marketing channels such as SMS or email, you may do so by following the instructions in the Account Information below.
If you have questions or comments about your privacy rights, you may email us at firstname.lastname@example.org with the subject line: [ATTN: UBX COMPLIANCE].
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Contact us at email@example.com with the subject line: [ATTN: UBX COMPLIANCE]
Opting out of email marketing: You can unsubscribe from our marketing email lists at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
- Contact us using the contact information provided.
- Use our Email & SMS Marketing Unsubscribe Tool. (Note, this will not unsubscribe you from transactional based emails or SMS updates)
Opting out of SMS marketing: You may unsubscribe from SMS messages sent from us at any time by following the instructions at the end of the SMS message delivered to you. As some notifications and messages may not contain any unsubscribe instructions, you may also unsubscribe using our SMS Unsubscribe tool. Note you may still receive service-related emails that are necessary for the administration and use of your account, reminders for your bookings, and other transactional non-marketing notifications, such as order tracking, and feedback requests.
- You may still receive SMS directly from our clubs, please contact your local Club Manager to unsubscribe should you receive messages from your local club.
13. CONTROLS FOR DO-NOT-TRACK FEATURES
14. CCTV Policy
This section sets out the appropriate actions and procedures which we follow in respect of the use of CCTV (closed circuit television) surveillance systems (“CCTV Systems”) at our premises.
Sound recording is disabled on all cameras.
Please note that all our gyms are monitored by CCTV 24 hours a day. We reserve the right for our employees and contractors to review footage as required and by entering onto our sites you consent to your image being recorded and reviewed and waive any and all claims in relation to same. Recorded CCTV footage will be stored securely and retained in compliance with applicable laws. We are registered as a Data Controller with the ICO.
In drawing up this policy, due account has been taken of the GDPR and any other relevant data protection legislation, the CCTV guidance produced by the Information Commissioner and the Human Rights Act 1998.
Our Policy. This policy will cover all employees and persons providing a service to us, visitors and all other persons whose image(s) may be captured by our CCTV Systems. We will also ensure that the personal data captured by our CCTV Systems is only processed in accordance with the following requirements:
- It will be processed fairly, lawfully and in a transparent manner;
- It will only be collected for specified, explicit and legitimate purposes and not further processed in any manner incompatible with those purposes;
- It will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- It will be accurate and, where necessary, kept up to date;
- It will not be kept for longer than is necessary for the purposes for which the personal data are processed; and
- It will be processed in a manner that ensures appropriate security of the personal data.
Depending on the location of your gym, a regional manager has the legal responsibility for the day-to-day compliance with the requirements of this policy. Please refer to paragraph 17as to how to enquire about this policy to the extent your local gym operator is unable to assist you.
The purpose of the use of the CCTV Systems and the collection and processing of CCTV images is for the prevention or detection of crime or disorder, apprehension and prosecution of offenders (including use of images as evidence in criminal proceedings), interest of public and employee health and safety, protection of public health and the protection of our property and assets and to ensure compliance with our policies and procedures. This may include automatically identifying individual member attendance and time spent by members interacting with staff of the relevant gym, all with a vie to providing a better quality experience for members.
Prior to any camera installation the CCTV Officer will ensure that the installation complies with this policy and that the use of any camera is justified, necessary and proportionate. The CCTV Officer will regularly assess whether the use of any camera and the CCTV System as a whole continues to be justified, necessary and proportionate.
The location of the equipment is carefully considered because the way in which images are captured needs to comply with the Regulation.
All cameras are located in prominent positions within public and staff view and do not infringe on sensitive areas. All CCTV surveillance is automatically recorded, and any breach of this siting policy will be detected via periodic auditing of the CCTV System.
The images produced by the equipment will as far as possible be of a quality that is effective for the purpose(s) for which they are intended. Upon installation, all equipment is tested to ensure that only the designated areas are monitored, and suitable quality pictures are available in live and play back mode. All CCTV equipment is maintained under contract.
Images which are not required for the purpose(s) for which the equipment is being used will not be retained for longer than is necessary. While images are retained, it is essential that their integrity be maintained, whether it is to ensure their evidential value or to protect the rights of people whose images may have been recorded. Access to and security of the images is controlled in accordance with GDPR requirements.
All images are digitally recorded and stored securely within the system's hard drives. Images are, unless manually stored by the operator of the relevant gym, automatically stored for a minimum of 7 days and typical for no more than 6 months.
Where the images are required for any other purpose, for example system testing, evidential purposes or disciplinary proceedings, a copy file will be moved to an access controlled confidential location on the network and held until completion of the investigation. Viewing of images within the system is controlled by the CCTV Officer or a person nominated to act on their behalf. Only persons trained in the use of the equipment and authorised by the CCTV Officer can access data.
Access to and disclosure of images to third parties. Access to, and disclosure of, the images recorded by our CCTV System and similar surveillance equipment is restricted and carefully controlled. This ensures that the rights of individuals are preserved, and the continuity of evidence remains intact should the images be required for evidential purposes e.g. a police enquiry or an investigation being undertaken as part of an internal procedure. Access to the medium on which the images are displayed and recorded is restricted to the CCTV Officer, staff authorised by them and third parties as authorised from time to time for specific purposes. Access to and disclosure of images is permitted only if it supports the purpose for which such images were collected.
Access to images by individuals. The GDPR gives any individual the right to request access to CCTV images which contain their personal data. CCTV is managed and maintained by a trusted third-party company on our behalf. Individuals who request access to images must submit this formally in writing to us, or via a CCTV Access Request. This will provide us with sufficient details to identify the section of footage they are concerned with and to enable us to satisfy itself that the person making the request is the data subject of that specific recording. Upon receipt of the request, the CCTV Officer, or another member of staff authorised by them, will determine whether disclosure is appropriate and whether there is a duty of care to protect the images of any third parties. If the duty of care cannot be discharged, then the request can be refused. A written response will be made to the individual, giving the decision (and if the request has been refused, giving reasons) within 31 days of receipt of the request.
Management by franchise clubs. While this policy governs how we manage the CCTVs, it should be noted that physical control of the CCTV equipment is in the sole control of the franchisee operators of each gym and that they are solely responsible for ensuring compliance with the local laws and regulations applicable to their physical site and this policy. Should you have any queries about a specific gym, please contact your gym's operator at the first instance and to the extent they are unable to provide you with the information you are entitled to, we will use all reasonable endeavours to obtain such information for you.
15. DATA REMOVAL REQUEST
As a part of the relevant privacy laws and regulations you have the right to request removal of data that a company holds on you.
To request removal of your Data from UBX you may:
- Submit a Data Removal Request to remove any data we hold on you from all of our systems
- Use our Email & SMS Marketing Unsubscribe Tool to unsubscribe from our marketing updates (Note, this will not unsubscribe you from transactional based emails or SMS updates).
16. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org with the subject line: [ATTN: UBX COMPLIANCE], or by post to:
UBX GLOBAL LIMITED
207 Regent Street
London, W1B 3HH
17. DO WE MAKE UPDATES TO THIS POLICY?
In short: Yes, we will update this policy as necessary to stay compliant with relevant laws.