LEGAL

Terms, Conditions, and Privacy Notice

Last Updated 1 December 2019

Terms and Conditions of Use

Herein is detailed our Terms and Conditions of Use or Terms of Service ("Terms, T&:Cs"). Please read these Terms carefully before using the kfit.im ("Website") (the "Service") operated by K-Fit IOM (trading name) ("Us", "We", "Our"). As a visitor or consumer of the Service ("You") Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors and registered users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you do not agree with these Terms you may not access the Service.

We reserve the right to terminate access to any part and wholly of the Service at any time immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You bread the Terms.

The information provided by the Service is for demonstrative purposes only, and should not be taken as formal health or legal advice. All guides, demonstrations, or otherwise instructions on how to perform an exercise should only be used in conjunction with advice from a medical professional - such your GP - and by accompanied professional staff with You during use or execution. Deviation from administered help and support from professionals during exercise may result in injury. We take no responsibility for the accuracy or effectiveness of the guides provided by the Service. You as a Service user ultimately agree that the undertaking of any advice provided by the Service is at your own risk and will - with full and absolute indemnity against Us - release Us from any and absolutely all liability relating to Your health or performance up to and including serious injury and the unlikely event of a fatal event. For the avoidance of doubt; We strongly advise the Service be used in conjuction with supervision of a trained physical activity and health professional, and with prior consultation with Your medical advisors or GP.

All intellectual property ("Content") within the Serivce is owned by Us, unless otherwise stated, and at no point does that ownership transfer to You. By using the Service you are granted a licence to consume the content which is subject to these Terms.

We retain the right to modify or remove the Service as we see fit, without limitation, at Our will with no liability to You.

You grant us the right to process your data (as defined in the Privacy Notice below) to operate the Service with you as a user.

This agreement will be governed by the laws of The Isle of Man, and any dispute arising from this agreement related to the Terms herein will be handled locally by the Isle of Man courts.

The service is provided without guarantee or warranty of usefulness or accuracy. For the avoidance of doubt; all information provided by the Service is of a broad nature and not all bodies and abilities are shared by all users of the Service. As such, we cannot guarantee an exercise which works for one user will work for another. Similarly we cannot provide warranty that one exercise which does not cause injury to one user might not cause injury to another.

Failure to comply with these Terms will result in the termination of the agreement by Us with You and revokation of Your access to the Service plus sacrifice of any prepaid monies to Us in related to your access to the Service.

We cannot be held accountable for services provided by third parties via us or suggested by us; the Terms of Service related to third party services will prevail and you agree to hold the third party liable for any dispute as a result of use or participation with that third party service or otherwise offer/promotion which has been made available to You.

You cannot copy, duplicate, take a digital copy by means of a capture of the visible screen ("Screen Shot"), or otherwise make available to non Service users any part of the Service without Our written permission.

We reserve the right to update these Terms and update and modify the Service without notice. You agree to regularly check back on these Terms to ensure you are still compliant with the conditions set forth herein.

Privacy Notice

REF: KFITIOM ISSUE: 1
ISSUE DATE: 1 December 2019

Scope: All data subjects ("You") whose personal data or personal information ("Information") is collected on any of K-Fit IOM (trading name)("Our") products or services, in line with the requirements of the GDPR.

Responsibilities: K-Fit IOM (trading name)("K-Fit IOM", "K-Fit", "We", "Us") is responsible for ensuring that this notice is made available to You prior to collecting/processing Your Information.

Privacy Notice

Who are We?

We operate as a self-employed entity in the Isle of Man, and at times (where described), as a co-operation with other third party entities to provide products and services.

How We Collect Your Information

Automated Collection and Tracking: Our web-servers automatically collect and monitor your IP Address, which is a non-typically-identifying server identification number used by computers on the internet to communicate with one another.

Manual Collection and Tracking: We collect and process data inputted into forms provided on the website. This includes and is not limited to; the sign-in/login form, registration forms, feedback forms, and other input fields associated with the normal operation of the K-Fit website.

Data Points: We collect personal information including and not limited to your name, email address, phone number, postl address, billing details, transaction histories, IP address, browser configurations, and date of birth.

Use of Your Information

Your information is used to provide the central services of the K-Fit website, as described when the Information was submitted to us via the relevant form. This include providing customised website experiances, and to supply you with your workout details. We furhter use the Information to keep in contact with you by any means provided to us. We also use the Information to send you news and marketing updates of our services, or services of our close partners whose services are algined to our own. Your name may be shared in public social media posts as part of our marketing operations, along with your likeness which would have been captured with your express permission.

Legal Basis for Processing Your Information

To provide the services offered to You on Our website and products, We need to process Your Information as detailed above, in particular, to send You news and updates on promotions and offers which are relevant to You by email, text, and post, We must process Your contact details to ensure accurate delivery.

Any legitimate interests pursued by Us, or third parties We use, are as follows: We believe it is in Your interest to receive segmented and profiled content based on Your history with Us. This provides You with the most relevant and up-to-date news and promotions, which You can then choose whether to participate in.

We believe it in Your interest to hear from Our close partners as their promotions and services are very similar to ours, and We believe those offers will be of interest and value to You. We never sell or transfer Your personal data to third parties for marketing purposes, which means the control of Your data is not at risk and always under Your control with Us.

The special categories of personal data concerned are:

We do not collect special category information as it is not relevant to Our service.

Consent

By opening an account You are consenting to this Privacy Notice, and You are giving Us permission to process Your personal data specifically for the purposes identified. You may withdraw consent at any time by emailing dpo&kfit.im

Disclosure

We will pass on Your Information to third parties in order to operate the services under the legitimate interests listed above. The following third parties will receive Your Information for the following purpose(s) as part of the processing activities:

Isle of Man Post and Royal Mail UK: Name and Address for delivering any materials needing posted to you.

Retention Period

We will process personal data for the duration of the time You are active with any of Our products and Services, only within the remit of the membership or promotion You elected to take part in, and will store the personal data for no longer than 6 years after activity ceases, in line with our considered industry standards.

In instances of unsubscription, Your data associated with Your contact method will be stored indefinitely or until You re-subscribe, in order to keep communications suppressed.

Your Rights as a Data Subject

At any point while We are in possession of or processing Your Information, You, the data subject, have the following rights:
Right of access - You have the right to request a copy of the information that We hold about You.
Right of rectification - You have a right to correct data that We hold about You that is inaccurate or incomplete.
Right to be forgotten - in certain circumstances You can ask for the data We hold about You to be erased from Our records.
Right to restriction of processing - where certain conditions apply to have a right to restrict the processing.
Right of portability - You have the right to have the data We hold about You transferred to another organisation.
Right to object - You have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling - You also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review: in the event that Organisation Name refuses Your request under rights of access, We will provide You with a reason as to why. You have the right to complain as outlined below.

Complains

In the event that You wish to make a complaint about how Your Information is being processed by Us (or third parties as described above), or how Your complaint has been handled, You have the right to lodge a complaint directly with the supervisory authority and Our data protection representatives on dpo@kfit.im.

Personal Data

Under the EU's General Data Protection Regulation (GDPR) personal data is defined as:
"any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".

How We use Your information: This privacy notice tells You how We will collect and use Your personal data for operating Our services and products, and activities We believe are in Your personal interest for example tracking cookies, profiling and segmenting, complaints, and operating communication subscriptions.

Why do We need to collect and store personal data?: In order for Us to provide You with Our products and services We need to collect personal data for correspondence and promotion operation. In any event, We are committed to ensuring that the information We collect and use is appropriate for this purpose, and does not constitute an invasion of Your privacy. We are committed to collecting as little information and personal details about You as possible. In terms of being contacted for marketing purposes We believe it is in Your legitimate interest to hear from Us regarding the service You have registered for, and from other products We operate, and from close partners of ours due to the close similarity of services offered. All marketing We send You includes clear and easy avenues for updating Your settings if You with to revoke permission to contact You or cease processing Your data.

Will We share Your personal data with anyone else?: We may pass Your personal data on to third-party service providers contracted to Us in the course of supplying the product/service to registered for, to You. Any third parties that We may share Your data with are obliged to keep Your details securely, and to use them only to fulfil the service they provide You on Our behalf such as carrying mail or analysing data. When they no longer need Your data to fulfil this service, they will dispose of the details in line with Out procedures. If We wish to pass Your sensitive personal data onto a third party other than detailed in this Policy, We will only do so once We have obtained Your consent, unless We are legally required to do otherwise. We do not sell personal data to third-parties.

How will We use the personal data it collects about You?: We will process (collect, store and use) the information You provide in a manner compatible with the EU's General Data Protection Regulation (GDPR). We will endeavour to keep Your information accurate and up to date, and not keep it for longer than is necessary. We are required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will We contact You?: Our aim is not to be intrusive, and We undertake not to ask irrelevant or unnecessary questions. Moreover, the information You provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

Can You find out the personal data that We hold about You?: We, at Your request, can confirm what information We hold about You and how it is processed. If We do hold personal data about You, You can request the following information: Identity and the contact details of the person or organisation that has determined how and why to process Your data. In some cases, this will be a representative in the EU. Contact details of the data protection officer, where applicable. The purpose of the processing as well as the legal basis for processing. If the processing is based on the legitimate interests of Us or a third party, information about those interests. The categories of personal data collected, stored and processed. Recipient(s) or categories of recipients that the data is/will be disclosed to. If We intend to transfer the personal data to a third country or international organisation, information about how We ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, We will ensure there are specific measures in place to secure Your information. How long the data will be stored. Details of Your rights to correct, erase, restrict or object to such processing. Information about Your right to withdraw consent at any time. How to lodge a complaint with the supervisory authority. Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether You are obliged to provide the personal data and the possible consequences of failing to provide such data. The source of personal data if it wasn't collected directly from You. Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?: We accept the following forms of ID when information on Your personal data is requested. One of the following: Passport, Driving Licence, or Government-Issued ID PLUS one of the following: Birth Certificate, Utility Bill from the last 3 months.

Contact details of the Data Protection Officer (DPO): dpo@kfit.im