PRIVACY POLICY

PRIVACY NOTICE
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Fisikal Limited (“we”) are committed to protecting and respecting your privacy. By visiting any website available on the fisikal.com domain (the ‘Website’) you accept and consent to the practices described in this Privacy Notice including the processing of your personal data under this lawful basis.

This notice (together with any other contracts between us such as our Terms of Use , End User Licence Agreement, SaaS Contracts and any other documents referred to within them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 and The General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) the data controller is Fisikal Limited of 71-75 Shelton Street, London, WC2H 9JQ.

If you engage with us on a commercial basis then we may also act as the data processor on behalf of our clients and users as to any client data containing “Personal Data” (as defined in the GDPR).  We do not transfer or otherwise make available any of your Personal Data to third parties, except as provided in this Privacy Notice.

INFORMATION WE MAY COLLECT FROM YOU
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We may collect and process the following data about you:

Information that you provide by filling in forms on our Website and any Fisikal powered Mobile Applications (our “Apps”). This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services.

To request a demo from us we will ask you as a minimum to provide your full name and an email address.  If you subscribe to our services then we collect information about your business that is provided when you take out your subscription. We collect your company name, address, phone number, email and other information about your business, as well as names and emails of authorised individuals on your account. We also collect Personal Data about your customers that they provide when they initiate a transaction with you, such as an appointment or purchase.

You may also want to provide additional information to us through your account on our Website or Apps. We may also ask you for information when you report a problem with our Website. If you are entering information on behalf of another person, you warrant that you have that person’s consent to use their Personal Data in this way and agree to indemnify us for any claims brought against us by that person.

You can edit certain information in your account through the My Profile section of our software.

If you are a customer of one of our subscribers, we collect information about you when you interact with their business through the services that we provide including details of transactions you carry out and the fulfilment of any orders. We may also collect information such as your name, email, credit card information, as well as other information you provide in order to process the transaction.  Any data processed this way will be processed on the legal basis of the performance of a contract.

In registering for our applications or services, we may also collect information about your health (such as your height and weight) which the GDPR classes as ‘Special Category Data’.  We rely on your Explicit Consent to collect and process this Special Category Data, which we obtain from you when you register to use our apps and/or services.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. If we contact you when there is not a current contract in place between us.

Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

If you initiate a transaction through our Website or App such as an appointment or purchase, we may collect and store information such as name, phone number and email in order to process your transaction. This information as well as any other information you provide to us may be shared with third parties for the same purposes.

All payments made through the Website or App will be made by one our integrated payment platforms which subscribers can select to fulfil their payments through.  Please note that we will not at any time have access to any of your payment information. Please familiarise yourself with their privacy policies and terms below.

• Stripe
• Paypal
• DPS
• Smartpay
• GoCardless

‍Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

IP ADDRESSES AND COOKIES
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If you’d like to manage you use of cookies or completely turn off cookies then you can find out how to do so by using the link here.  Please note that if you do limit of block cookie use on our Website the functionality of both the Website and our services will be effected.

We may collect information about your computer, including where available your type of computer or mobile device, unique device identifier, IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. We may also collect and analyse aggregate data on your usage of our Website. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

We use the following types of cookies:

Strictly necessary cookies – these are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-payment system.

Analytical/performance cookies – these allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies – these are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies – these cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose but these cookies will contain no information capable of identifying you personally to us.

You can find more information about the individual cookies we use and the purposes for which we use below:

‍Google Analytics

‍We use Google Analytics to understand general trends about our content and traffic sources; for example, where users come from, which pages are most popular, which sites provide most traffic, how our marketing efforts impact the amount of visits we receive.

Google’s statement about privacy can be found here.

Twitter button

‍The Twitter button allows our users to share our platform and services with their followers more easily. Twitter’s privacy policy states they use cookies “to collect additional Website usage data and to improve our Services” – You can read the policy in full here.

‍Facebook button

‍We use Facebook button to allow you to share out platform with your friends and other Facebook users. Facebook’s statement about privacy relating their Connect feature is here and also here.

‍Instagram button

‍We use an Instagram button to allow you to easily follow our Instagram account.  You can find out more about how Instagram handle your personal data by visiting their statement on Privacy here.

WHERE WE STORE YOUR PERSONAL DATA

The information and content held on our Website is deployed geographically to maximise user experience. All information that could identify individuals within the European Union is stored exclusively within the European Union.  We will never share your user information with third parties for promotional purposes.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

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 Website; 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.

USES MADE OF THE INFORMATION

We use Personal Data held about you in the following ways:

To ensure that content from our Website is presented in the most effective manner for you, for your computer and your mobile device;
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
To carry out our obligations arising from any contracts entered into between you and us;
To deliver our commercial services to you and our other clients;
To deliver our email newsletter to you;
To allow you to participate in interactive features of our service, when you choose to do so;
To notify you about changes to our service;
To facilitate social sharing functionality;
Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off on your device. The application may also request access to your device’s calendar application, music, camera and microphone. If you have allowed access to your device’s calendar and no longer wish to allow this, you may edit the application settings within your device;
For purposes such as data analysis, identifying usage trends, audits, fraud monitoring and prevention and developing, enhancing and improving our products and services; and
To contact you about changes or new features to our Website or our services.

We may also use your Personal data, or permit selected third parties to use your Personal Data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post, telephone or email.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your Personal Data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please contact Customer Support.

‍We may make use of the Personal Data we have collected from you to enable us to collect aggregate information about users to provide data to third parties. For example: men aged between 30 and 40 have an average weight loss goal of 10 kilograms.

DISCLOSURE OF YOUR INFORMATION

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 disclose your personal information to third parties:

To our strategic partners and third-party service providers who provide services such as website hosting, membership management, content providers, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and any other similar services.  Please familiarise yourself with the privacy policies of the following companies we are presently connected with.
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• Digital Ocean
• Docker
• Amazon
• Apple
• Google
• Websand
• Sendgrid
• Zendesk
• Power BI
• Firebase
• App Centre
• Microsoft Azure

‍To your friends associated with your social media account, to other Website users and your social media account provider, in connection with your social sharing activity.

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Fisikal Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our website terms of use or terms and conditions of supply, End User Licence Agreement,  and other agreements; or to protect the rights, property, or safety of Fisikal Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

In certain circumstances, we may also disclose your information in accordance with any agreements that we have with a party that you are able to interact with through the use of our Apps.  For example, this could be with your personal trainer, fitness club or other membership organisation and you herby consent to us disclosing this information with them.

YOUR RIGHTS

The GDPR and Data Protection Act 2018 grant you a number of rights in relation to the information that we hold about you.  You can find out more about these rights by visiting the ICO’s website here

‍You have the right to find out what information we hold about you. You can exercise that right by contacting us and we will send you any request for information in a suitable electronic form within 1 month.  To make a request for information please contact support@fisikal.com and a member of our team will be in touch.

If your personal data is incorrect then you have the right to rectify this information and ensure that it is accurate and up to date. If your data is incorrect then please contact us at the email address above and a member of the Fisikal team will rectify this on your behalf.

You have the right ‘to be forgotten’ and to have your personal identifiable information permanently deleted from our systems. Again, if you would like to exercise this right then please contact us at support@fisikal.com.

There will be no charge made for reasonable electronic access to your information, your right to rectification or for your right to be forgotten from our systems.

Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you may have begun prior to requesting such changes or deletions. There may also be residual information that will remain within our databases and other records which will not be removed.

If you no longer want to receive electronic communications from us you can manage notifications in your account profile or click the unsubscribe link in our emails.

If you no longer want to receive push notifications on your mobile devices this can be managed within the device. You can view more information about how to disable notifications on iOS by visiting Apples website here.

HOW LONG WE HOLD YOUR INFORMATION FOR

‍At Fisikal we have procedures in place to regularly review what Personal Data we hold.  If you have not interacted with us or accessed our services during this or the subsequent period then we will delete your Personal Data from our systems, but will send you an email first informing you of our intention to do so.  If you cancel your subscription to our services then we will delete any data after 90 days have lapsed since your termination date.  Of course, you have the right to be forgotten at any point and can find out more about this in the ‘Access to Information’ section above.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.  We may also share this anonymised data with other third parties to help us and them improve the services delivered that are delivered to you, including those third-parties that you interact with through the Apps.

CHANGES TO THIS NOTICE

Any changes we may make to our Privacy Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. The new terms will be displayed on-screen and you will be required to read and accept them to continue your use of our services.

CONTACT

Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to support@fisikal.com.

If you consider we have not addressed your problem, you can contact the UK Information Commissioner’s Office for assistance.

The Information Commissioner can be contacted at:
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Further information can be found here.

Updated on 24/02/2020