PRINCIPLE TERMS

1. This agreement is an agreement between you and us

2. This agreement commences once you have indicated your acceptance in the in-club or on-line sign up process. If you did not sign up on the club’s premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform us of this by post, email or telephone using the details above. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from

you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.

3. Your membership starts immediately unless you choose at the time of sign-up, a start date in the future (not available on all membership options).

4. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen, subject to your timely payment of the fees and charges set out below and the successful processing of your direct debit instruction.

5. Clubright provides direct debit payment services to you and administers our agreement with you, in consideration for which you agree to pay all the fees and charges associated with your Membership and set out below to Clubright.

FEES AND CHARGES

6. The Joining Fee / Initial Payment is due and payable immediately on execution of the agreement and is not refundable other than in the event of breach or negligence by us or on the valid exercise of your statutory cancellation rights, as set out in the Principle Terms above.

7. Your obligations to us include payment of the monthly Direct Debit payment amount. You are obligated to make the minimum number of Direct Debit Payments as indicated by the contract length you are presented and accept with during the sign-up process. For example, a “12-month contract” will require 12 x monthly Direct Debit payments. You are obligated to make every Direct Debit Payment regardless of non-attendance, except where the Agreement is cancelled in accordance with the cancellation terms below or under your statutory cancellation rights, as set out in the Principle Terms above.

8. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid, we reserve the right to use any of your payment card details held on our secure system, to attempt to collect the monthly membership fee that should have been collected by Direct Debit, unless we have agreed with you in-writing a prior cancellation of this

agreement.

9. You agree to advise us promptly of any change to the Members Details you provided.

10. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third-party company for collection and recovery services. In addition to any costs and charges accruing under the terms of this agreement, the reasonable and direct costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address without telling us.

AUTOMATIC RENEWAL AND STANDARD CANCELLATION OF THIS AGREEMENT

11. Once you have completed the Minimum No. of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.

12. You may prevent the Automatic Renewal at any time by giving notice to us by email, SMS, phone or in person. We require 30 days notice of cancellation (you should give us not less than 30 days notice). If you advise us with less than 30 days notice, one more further monthly payment will be taken by us before your cancellation becomes effective.

EARLY CANCELLATION OF THIS AGREEMENT

13. This is a 30 day rolling agreement, you can cancel at any time by giving us a minimum of 30 days notice as stated above.

14. Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.

GENERAL TERMS

15. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.

16. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.

17. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may not transfer your membership to another person or use your monthly allowance of credits to book another person onto a session in your place.

18. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.

19. If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply

20. We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities within the facility). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.

Introduction

Welcome to the Flex Studio privacy policy.

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Important Information and Who We Are

This privacy policy aims to give you information on how we collect and process your personal data through your use of the club, our website or app including any data you may provide through the website or app when you sign up as a member.

Richard Buckley, trading as Flex Studio, is the controller and responsible for your personal data, referred to as “we”, “us” or “our” in this privacy policy.

Clubright Pay and Stripe administer our payments and may also process your personal data, their privacy policies set out how they protect personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact Richard using the details set out below.

Full name of legal entity: Richard Buckley, trading as Flex Studio.

Email address: flexptstudio@gmail.com

Postal address: Richard Buckley, 141A Birkenshaw Lane, Birkenshaw, BD11 2HD.

Telephone number: 07800 642743

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to address your concerns before you approach the ICO so please contact us in the first instance.

Changes

We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data including your first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data including your billing address, home address, email address, next of kin details and telephone numbers.
• Financial Data including your bank account and payment card details.
• Health Data including your medical history and any illness or injury your inform us of.
• Transaction Data including details about payments to and from you and other details of products and services you have purchased from us or from Clubright Pay.
• Technical Data includes (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password for our app, purchases or orders made by you through our app or website, your preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, app, club and other services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

Our website and app are not intended for children under the age of 13 years old and we do not knowingly collect data relating to children under this age.

Special Categories of Personal Data

We ask members to provide personal data relating to their health and medical background so that we can help them to ensure they use our gym safely.  This is classed as special category data under UK data protection legislation.

We process health-related special category personal data on the basis of our legitimate interest in ensuring the health and safety of individuals using our gym, and on the basis of your explicit consent in providing that data. You have the right to withdraw this consent at any time by contacting us.

If you fail to provide personal data

Where we need to collect personal data by law (including pursuant to our health and safety obligations), or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel your membership but we will notify you if this is the case at the time.

How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Health and Financial Data by filling in forms or by corresponding with us by post, phone, email, through our website or app or otherwise. This includes personal data you provide when you:

• apply for memberships at our club;
• create an account on our app;
• fill in our health questionnaire;
• fill in any form on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us using our website, app or on social media such as Facebook or Instagram.

Automated technologies or interactions.

As you interact with our website or open any emails we send you, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. 

Third parties.

We will receive personal data about you from various third parties, such as those set out below:

• Technical Data from analytics providers, advertising networks or search information providers such as Google and Facebook;
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Clubright Pay, SumUp and Stripe;
• Identity, Contact, Profile, Transaction and Usage Data from our membership management software such as ClubRight;

How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message or processing special category data such as health data. You have the right to withdraw this consent at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing and Promotional offers

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data 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 call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased a membership from us and you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by logging into the app and adjusting your marketing preferences by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us in order to administer your membership with the club.

Cookies

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of Your Personal Data

We may share your personal data with the third parties set out below, for the purposes set out in the table above.

• Service providers acting as processors who provide IT and system administration services, such as Clubright Pay, SumUp, Stripe, and ClubRight.
• Professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide advisory services.
• HM Revenue & Customs, regulators and other authorities acting as processors or controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Some of the external third parties with whom we share your personal data are based outside the UK, so their processing of your personal data may involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure that this is done in accordance with UK law, for example, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances, we will 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.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Exercising your rights

If you wish to exercise any of the rights set out above, please contact us using the contact details set out at the start of this policy.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.