LVL5

Privacy Policy

INTRODUCTION

At Lvl 5 Gyms, we are committed to protecting your privacy. We collect and process
personal data about you in order to provide the services you use; operate our
business; meet our contractual and legal obligations; protect the security of our
systems and our customers; and fulfil our other legitimate interests.
This privacy notice explains how we collect, use, share and protect your personal
information. When we update this privacy notice we will post any changes on our
website and on a noticeboard at our gym.

If you have any queries about this privacy notice, please contact us by email at
info@lvl5gyms.com or by post at Lvl 5 Gyms, Enterprise House, Tir Llwyd Enterprise
Park, Kinmel Bay, Rhyl, Wales, LL18 5JZ.

IDENTITY OF DATA CONTROLLER

Lvl 5 Gyms Limited is registered with the Information Commissioner’s Office (the
‘ICO’) as a data controller under registration reference ZB257496.
The ICO is the United Kingdom’s independent regulatory authority in relation to data
protection and information rights. The ICO provides a helpline and complaints service
and can be contacted at www.ico.org.uk or by telephone on 03031231113.

WHEN DO WE COLLECT INFORMATION?

We collect your personal information when you:

  •  Sign up for a membership, class or any other service or product we provide;
  • ask us for more information about a product or service, or contact us with a
    question or complaint;
  •  contact us via telephone, email or post;
  • have an accident in our gym or on our premises, or there was an incident where
    you were a witness or personally affected;
  • use our equipment in the gym, such as the Fit3d body scanner;
  • book classes, inductions, coaching or personal training sessions;
  • are included in photos which our team take of your attendance at the gym (your
    permission will be requested beforehand).

WHAT INFORMATION DO WE COLLECT?

The information we collect about you is required for the purpose of creating your
membership account with us and enrolling you at our gym. Such information allows
you to be identified as a member of the gym and includes:

  • name, date of birth, gender, email address, postal address, telephone number,
    health declaration and whether you require disabled access;
  • credit or debit card information, information about your bank account number and
    sort code or other banking information. Note that we do not store your bank or
    credit card details on our web servers;
  • your usage records and duration of visits;
  • your preferences for particular products or services or interests when you tell us
    what they are – or when we assume what they are, depending on how you use
    our products and services;
  • your contact with us, such as a note or recording of a call you make to us, an
    email or letter, or other records of any contact you have with us; and
  • your membership information, such as dates of payment owed and received, the services you use and any other information related to your membership.

HOW WE USE THIS INFORMATION

We will use your personal information to provide you with the services, products or
information that you have requested, for health and safety, security and
administration purposes and marketing. We may need to share your information with
our service providers, associated organisations and agents for these purposes. We
may use your information to:

carry out an identity check as part of your membership application;
bill you for using our services as part of your membership;

  •  keep you informed about our services including operational matters relating to
    your membership;
  •  provide relevant services to you;
  •  confirm your attendance to exercise classes or training sessions;
  • share gym event photos on social media channels (your permission will be
    requested first before a picture is taken and shared);
  • contact you with offers or promotions based on our analysis of how you use
    our services and what we think will be of interest to you (unless you choose
    not to receive our marketing messages) ;
  • responds to any questions or concerns you might have about our services;
  • understand how you use our services, to help us develop relevant and
    updated services;
  • carry out research and statistical analysis to monitor how customers use our
    services;
  • prevent and detect fraud and other crimes;
  • operate our facilities in a safe and secure way;
  • Covid-19 Track & Trace – to prevent the spread of infection around the UK
    we will support the NHS Track & Trace system. If requested by the NHS to
    provide visitor information, due to an outbreak in the vicinity of our gym, we
    will supply your name, mobile and time of arrival and departure for members
    who had recently visited the gym. This is voluntary and you are able to have
    your data excluded. Please email us at info@lvl5gyms.com with your name
    and we will not pass your details on.

We will store your information for as long as you are a member of the gym, or
following the cancellation of your membership and to meet our legal requirements
including health and safety, financial audit, anti-fraud and money laundering
regulations. We will store your information for no more than 6 years from the last
membership activity. ‘Activity’ is classed as access to the gym, a payment you make
to us or any other contact you have with us. We may contact you about our services
during this 6 years if you haven’t opted out of receiving marketing communications
from us.

BASIS OF LAWFUL PROCESSING

We relay on the following lawful bases for processing, storing and retaining your
personal data:

1. In relation to your gym membership and/or use of our facilities:
a. Your explicit and freely given consent for the specified purpose of
membership and use of our facilities;
b. The processing is necessary for the performance of your membership
contract with us;
c. The processing is necessary for a legal obligation that we are subject
to;
d. The processing is necessary for our legitimate purposes or by a third
party

2. In relation to your personal data relating to your health:
a. your explicit and freely given consent for the specified purpose of
membership and the use of our facilities;
b. processing is necessary for reasons of public interest in the area of
public health, including the cross-border threats posed by Covid-19;
c. processing is necessary to protect your vital interests.
3. In relation to your retained data following termination of your membersip:
a. The processing is necessary for a legal obligation that we are subject
to;

4. In relation to marketing information:
a. The processing is necessary for our legitimate purposes or by a third
party.

OPT OUT

We will only send you information relating to your membership. We will not share
your data with any third parties for marketing purposes unless you consent. If you
cancel your membership with us, we will only send you information that we think will
be of interest to you.

If you want to opt out of receiving marketing messages from us, please contact us by
email at info@lvl5gyms.com.

DISCLOSING YOUR INFORMATION TO THIRD PARTIES

We may disclose your personal information to any member of our group, which
means our subsidiaries, our ultimate holding company and its subsidiaries, as
defined in section 1159 of the UK Companies Act 2006.
We may also share information about you with:

  •  Service providers, agents and associated organisations, to allow us to service
    your membership and communicate with you; for example, financial institutions to process payments, and freelance personal trainers when you sign up to classes;
  • Law enforcement agencies, regulatory organisations, courts or other public authorities where we have a legal obligation to do so
  • Covid-19 Track & Trace – to prevent the spread of infection around the UK we will support the NHS Track & Trace system. If requested by the NHS to provide visitor information, due to an outbreak in the vicinity of our gym, we will supply your name, mobile and time of arrival and departure for members who had recently visited the gym. This is voluntary and you are able to have your data excluded. Please email us at info@lvl5gyms.com with your name and we will not pass your details on

We will release information if it is reasonable for the purpose of protecting us against
fraud, defending our rights or property, or to protect the interests of our customers. If
we are reorganised or sold to another organisation, we may transfer any personal
information we hold about you to that organisation. We will inform you if we do.

AUTOMATIC DECISION MAKING

We do not intend to use your personal data for automatic decision making.

YOUR PRIVACY RIGHTS

You have the following rights in relation to your data privacy the right of access; the
right of rectification; the right of erasure (the “right to be forgotten”); the right to
restriction of processing; the right to be notified; the right to data portability; the right
of objection; and the right to not be subject to automated profiling.

  • Access: you have the right to ask for a copy of the information we hold about
    you and to have any inaccuracies in your information corrected. Please
    contact us through email to info@lvl5gyms.com or in writing to Lvl 5 Gyms,
    Enterprise House, Tir Llwyd Enterprise Park, Kinmel Bay, Rhyl, Wales, LL18
    5JZ. There is not normally a fee for this service.
  • Rectification: If you believe we are holding inaccurate information about you,
    or your personal details change, please contact us through email to
    info@lvl5gyms.com or in writing to Lvl 5 Gyms, Enterprise House, Tir Llwyd
    Enterprise Park, Kinmel Bay, Rhyl, Wales, LL18 5JZ.
  • Erasure: You have the right to the erasure of the data we hold on you, when
    it is no longer needed for the purposes of your membership, or when you
    withdraw your consent for our processing (and we have no other lawful basis
    to hold your data).
  • Restriction:  You have the right to ask us to place restrictions on processing
    your data in certain circumstances.
  • Notification: You have the right to be notified of any rectification, erasure or
    restrictions in relation to your personal data.
  • Portability: You have a right to receive the data we hold on you electronically
    in a format that allows it to be easily transferred to another data controller.
  • Object: You have the right to object to data processing of your personal data
    for direct marketing or profiling purposes.
  • Profiling: You have the right not to be subject to any decision based on automatic processing of your personal data.

The address to be used to obtain a copy of your personal information is Lvl 5 Gyms,
Enterprise House, Tir Llwyd Enterprise Park, Kinmel Bay, Rhyl, Wales, LL18 5JZ.
You can also contact us by emailing info@lvl5gyms.com.

IP ADDRESSES AND COOKIES

When you use our website, we may collect information about your computer,
including where available your IP address, operating system and browser type, for
system administration and to report aggregate information to our advertisers. This is
statistical data about our users’ browsing actions and patterns, and does not identify
any individual.

For the same reason, we may obtain information about your general internet usage
by using a cookie file which is stored on the hard drive of your computer. Cookies
contain information that is transferred to your computer’s hard drive. They help us to
improve our site and to deliver a better and more personalised service. They enable
us to:

  • estimate our audience size and usage pattern.
  • store information about your preferences, and so allow us to customise our site according to your individual interests.
  • speed up your searches; and recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which
allows you to refuse the setting of cookies. However, if you select this setting you
may be unable to access certain parts of our site. Unless you have adjusted your
browser setting so that it will refuse cookies, our system will issue cookies when you
log on to our site.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination
outside the European Economic Area (“EEA”). It may also be processed by staff
operating outside the EEA who work for us or for one of our suppliers. Such staff
maybe engaged in, among other things, the fulfilment of your order, the processing
of your payment details and the provision of support services. By submitting your
personal data, you agree to this transfer, storing or processing. We will take all steps
reasonably necessary to ensure that your data is treated securely and in accordance
with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely
secure. Although we will do our best to protect your personal data, we cannot
guarantee the security of your data transmitted to our site; any transmission is at your
own risk. Once we have received your information, we will use strict procedures and
security features to try to prevent unauthorised access.

ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of
access can be exercised in accordance with the Act. Any access request may be
subject to a fee of £10 to meet our costs in providing you with details of the
information we hold about you.

CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this
page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and
should be addressed to Lvl 5 Gyms, Enterprise House, Tir Llwyd Enterprise Park,
Kinmel Bay, Rhyl, Wales, LL18 5JZ or by email to info@lvl5gyms.com.