Privacy Policy/T’s and C’s

Membership T’s and C’s

  • Definitions:
  • 1.1 The Club: Gym 01.
  • 1.2 The Club Rules: The rules and regulations of the Club, as amended from time to time. A copy of the Club rules will be supplied to you with your application for membership and further copies will be made available on request.
  • 1.3 Commitment Period: The minimum term you are committing to remain a member of the Club from the Start Date of 08/09/2022 to the commitment period end date of 31/12/2022 (subject to extension if your membership is suspended).
  • 2. Membership:
  • 2.1 By signing this Membership Application Form the member agrees to comply with these Terms and Conditions of Membership and the Club Rules.
  • 2.2 You will only be permitted to use the Club facilities provided your membership is current and fully paid up or you have made payment arrangements acceptable to the Club.
  • 3. Duration: When you join the Club you are agreeing to remain a member for the Commitment Period (Minimum 3 Calendar Months). If you choose to pay your membership fees monthly, your Club membership will continue automatically after the Commitment Period end date at the
    fee rate applicable to your membership type and category of membership at that date, but subject to termination in accordance with paragraph 7.2(b). If you choose to join the Club by paying your Commitment period membership fee in advance, your Club Membership will terminate automatically on expiry of the Commitment Period.
  • 4. Fees: The Club will set the level of fees and will review such fees periodically. The Club reserves the right to change the level of fees from time to time, but guarantees that your fees will not increase during your Commitment Period. For any changes to the monthly fee, we will give you at least 30 days’ written notice. The following fees prevail:
  • 4.1 Membership fee; The level of membership fees shall be determined according to the type and category of membership. 4.2 Joining fee; A joining fee may be payable as specified in your application form. Your joining fee goes to start-up costs.
  • 4.3 Renewal fee; A fee will be set by the Club from the anniversary of the month you joined. This is to cover the annual insurance for your membership. If this is not paid at the end of that month, your membership may be revoked.
  • 4.4 Other Fees; All other fees and prices for the sale of goods at the Club, locker rental, solarium, bar/restaurant and any other services will be set by the Club from time to time.
  • 4.5 If your bank fails to make a due direct debit payment from your account, we will write to advise you of this, normally via e-mail so please ensure you opt in to receive these. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee of no more than £15 plus VAT for failed direct debit payments and of no more than £5 plus VAT for letters sent to you in respect of unpaid amounts.
  • 4.6 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
  • 4.7 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge of no more than £30 plus VAT to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred in the collection of the overdue membership fees, will be the responsibility of the member and will be legally recoverable from the member.
  • 4.8 We may charge a reasonable fee of up to £35 plus VAT for any of the following: replacing lost membership cards, removing or adding associate members, changing membership category and transferring memberships.
  • 5. Member Rewards Scheme: The Club may operate a referral scheme whereby you will receive a financial benefit for introducing new members to the Club.
  • 5.1 If the member you introduce joins on a Direct Debit membership, you will receive the benefit monthly (in arrears and after the first Direct Debit payment has been made by the referred member) against your account or your monthly Direct Debit fee, with the following conditions: a) You will only receive this benefit if your membership, and that of the referred member, are both current. b) You will only receive this benefit if the referred member ‘s membership is not suspended. c) The amount you benefit is fixed at the time of the referred member joining the Club. This will only change if the member you refer changes their type of membership, in which case the benefit you receive may be increased or reduced accordingly. d) The Club may set a limit as to the number of members you are able to refer. 5.2 If the member you refer joins on an annual membership, you will receive the benefit due against your account or your monthly Direct Debit fee as one lump sum upon the referred member joining the Club.
  • 6. Suspension of Membership: A member may, if he/she is unable to make use of the Club facilities by reason of illness or injury, suspend his/her membership for one continuous period of at least 1 month and a maximum of 6 months. 30 days written notice must be given to the Club and the Club shall have the right to request a doctor’s certificate.
  • 6.1 A reduced monthly fee may be charged by the Club during the suspension of membership. Any suspension during the Commitment Period will extend the length of the Commitment Period by the length of the period your membership is put on hold. Notice to terminate membership cannot run concurrently with a suspension period. 6.2 Entry to the club will be prohibited during this suspension period. Any entry will automatically restart your direct debit and end your suspension.
  • 7. Termination: 7.1 Termination by the Club We may terminate this agreement in the following circumstances: (a) if you commit a serious or repeated breach of this agreement or the Club’s rules of membership and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice; (b) If any part of your membership fee remains unpaid 30 days after its due date for payment, or (c) If you provide us with details which you know to be false when applying for membership and the false declaration would have reasonably affected our decision to grant you membership. If we terminate for any of these reasons, we reserve the right to retain a proportion of the money paid under this agreement, to cover any reasonable costs incurred.
  • 7.2 Termination by you You may terminate this agreement in the following circumstances: (a) You can give notice to terminate at any point during the Commitment Period but this cannot end your membership before the end of the Commitment Period. (b) You may terminate your membership by giving the Club at least 1 full calendar month’s notice in written form from the 1st of a calendar month so that your membership will terminate at the end of the following calendar month after notice was given. (c) Cancelling your direct debit instruction for the payment of fees is not sufficient. (d) You may terminate this agreement on 1 calendar month’s notice if you are unable to use
    the Club through serious illness or injury likely to preclude you from using the Club for a period of least 6 calendar months. (We will request reasonable evidence of your illness or injury — e.g. a doctor’s certificate). (e) You may also terminate this agreement if: a. We permanently reduce the facilities or opening hours of the Club
    b. We change the location of the Club; or c. We close the Club for refurbishment.
  • 8. QR Code Access: 8.1 A QR Code shall be issued to all members upon joining the Club to be used to gain entry to the Club. The QR Code is not transferable and any members allowing their QR Code to be used by another person is in serious breach of these Membership Terms and Conditions and will entitle the Club to terminate membership without notice in accordance with Clause 7 above.
  • 8.2 If a member accumulates 3 no shows in a row (Booking a class and not cancelling when they are unable to attend) may be subjected to up to a 1-week-only ban from booking online. The member still has the right to use the facilities.
  • Club Rules: 9.1 The Club may amend the Club Rules from time to time in order to ensure the health and safety of members. Temporary amendments will be displayed in the Club. Permanent changes to the Club Rules will only be made after at least 30 days notice to members, except in the case of emergency.
  • 9.2 The Club reserves the right to adjust the availability of certain facilities or close the Club on a temporary basis for the general purpose of cleaning, decorating, essential repairs, maintenance of equipment, special functions and holidays.
  • 10. Restriction of Liability: 10.1 Subject to paragraphs 10.2 and 10.3, the Club will not accept liability for any loss, damage to or theft of money, valuables or other personal property of members and guests. Property stored in lockers provided by the Club is stored at the owner’s risk and no liability for loss or damage thereto will be accepted by the Club.
  • 10.2 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
  • 10.3 The Club accepts liability for damage, accident, death, personal injury or other loss sustained by members or guests on the Club premises to the extent caused by its negligence or the negligence of its employees and agents (during the course of their employment and agency, as appropriate) unless that failure is attributable to: (a) Your own fault (b) A third party unconnected with our provision of services under this agreement or(c) Events which neither we nor our supplier could have foreseen or forestalled even if we had taken all reasonable care.
  • 11. Health & Safety: Members must read all Health and Safety notices displayed in the Club and comply with their recommendations.
  • 12. Sale of Club:
    In the event of the sale or disposal of the Club to another company or to any other person we may transfer your membership to the new owner and you will continue as a member of the Club and continue to pay your membership fees provided no changes to these terms or the Club rules having a material adverse effect on your use of the Club are made by the new owner. Any such disposal will not affect your contractual or statutory rights.
  • 13. Notices: Notices from you to the Club must be in writing and addressed to the general manager at the Club. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted. Notices from the Club to you will be posted to you at your address in the membership records.
  • 14. 24/7 Terms and Conditions Use your own QR Code or Bar Code every time you visit Gym01. As it’s personal to you, please don’t let anyone else use it or we’ll have to change it. The facilities are monitored by CCTV 24 hours a day and have regular security patrols and visits to ensure the safety of our members and misuse may result in us applying additional charges to your membership fees. Members are asked to only use the lockers for the duration of their training session. Lockers will be emptied at night and member’s items removed to lost property. Gym 01 will accept no responsibility for items left in lockers, moved to lost property or left anywhere in the facility. Padlocks will be broken to gain access and will not be replaced by Gym 0
  • 1. Your QR Code can only be used by you: Your QR Code is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your QR Code secure and confidential at all times. We use facial recognition technology on entry, please be aware your membership may be forfeited without notice if you are found in breach of the above.
  • 2. Use of QR Codes are monitored: In the interests of the safety and security of all our members, use of QR Codes and access is monitored and individuals using QR Codes may be asked to provide proof of identification.
  • 3. What we will do if we think your QR Code has been misused: Should we believe that your QR Code has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, in writing via email, that we believe your QR Code has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, in writing via email, to
    inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph 4 below.
  • 4. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your QR Code was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to
    apply a penalty charge to your membership fees (and increase your direct debit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your QR Code was used by that individual/those individuals; and/or (b) in the event of serious misuse of your QR Code, for example, your QR Code has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.
  • 5. Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your QR Code to another individual or individuals, or allowed unauthorised entry following your entry to the gym (known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible
    for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.
  • 15. Events beyond our reasonable control 15.1 If we cannot provide all the services and facilities at your club for 30 consecutive days or more, for reasons or events beyond our reasonable control, you or we can cancel your agreement immediately by written notice if the payment cut off date has not been reached. A reimbursement rate of 20% will be introduced to those who have paid for service during forced closure. 15.2 Reasons or events beyond our reasonable control could include , for example, but are not limited to natural disasters, government actions , war, national or regional emergency , acts of terrorism , protests , riot , fire , explosion , flood an emergency , acts of terrorism , protests, riot , fire , explosion , flood an epidimic or pandemic and strikes or other labour disputes (not relating to our workforce). We don not accept liability in the event that we have to close facilities or clubs for reasons outside of control. 15.3 We have the right to increase, reduce or wiithdraw certain facilities, temporarily (for example , to carry out cleaning , repairs , maintenance or security work ) or if we have to close the facility due to reasons outside our control

Who we are

Our website address is: https://gym01.com.

Gym01 is committed to protecting your privacy. This Privacy Notice explains our data processing practices and your options regarding the ways in which your data is used. If you have any further requests concerning your personal information or any queries with regard to our processing, please contact us through Postal system or via email.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Use of your information and your preferences
Gym01 will only process (collect, store and use) the information you provide to us in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We are committed to ensuring that the information we collect and use is appropriate for the purposes listed below and does not constitute an invasion of your privacy. We are also committed to applying rigorous security measures when managing your data to minimise the risk of unauthorised access or disclosure

Consent
By taking out a membership, filling in a contact form on our website gym01.com, within our club or using a mobile app we provide to you, you agree and accept that we may gather, process, store and/or use the personal data submitted in accordance with the terms set below.

If you are under the age of 16, Gym01 will not collect or process your details unless we have also received the consent of an adult who has parental responsibility for you.

Personal Data Collected
Personal data collected by us and stored via our website or mobile app is processed on our behalf by ClubWise Software Ltd, 6 Tower Court, Horns Lane, Princes Risborough, Bucks, HP27 0AJ Company Reg: 3843268. Your data is stored in the UK. From time to time it may be made visible to employees of ClubWise Development India Pvt. Ltd, Office No. 101, First Floor, Fourtune Arcade, Yeolekar Mala,
College Road, Nashik – 422005, Maharashtra for the purposes of software support.
The data processor and its group are required by us to process your data in strict compliance with the GDPR.

Purposes of processing and legal basis
The principal purpose of collecting your personal data is to provide you with the services defined in your membership agreement. To this end, you agree and accept that we may use your personal data to:
• Contact you in respect of your membership
• Manage your club access
• Facilitate member rewards (if applicable)
• Resolve any problems you may have and improve our service to you
• Comply with our legal and regulatory obligations
We use the personal data submitted to us only in accordance with the applicable data protection legislation. Our employees and third-party providers are under an obligation to respect your data privacy.

Marketing
If you consent, we may send you marketing information by e-mail or sms about products and services which we believe may be of interest to you. We will always provide the ability to review or change your preferences or unsubscribe from marketing information with immediate effect. You can also make your request via e-mail to admin@gym01.com

Data we collect
When you take out a membership with us, the following personal data may be collected and processed in accordance with the purpose and legal basis described above and may include: name, address, contact details (including e-mail and mobile phone number), gender, date of birth, attendance history, marketing preferences and bank details for billing and emergency contact details. Some data is collected automatically through using our web site (see section 3.7 below).

Certain features of our mobile app may connect to your social networking sites to enable you to follow or be followed by other members of Gym01. As a result, Gym01 may process information from your social networking profile, but only if you consent to allow your social networking site to make information available to the app.

You understand that, by creating an account for the mobile app, Gym01 will be able to identify you by your profile.

Obtaining or changing your details
Gym01 can confirm to you the details of any personal data we hold about you and how it is processed on your request. You may also ask us to correct or delete personal information we hold about you at any time, so long as this information is not required in order to fulfil our service to you.
For more information, request your details or advise us of any changes, please:
• Write to us at: Gym01, Unit 16 Partnership Park, Rodney Road, Portsmouth, PO4 8DF

We may require that your request be accompanied by a photocopy of proof of identity or authority, such as a driving license or passport.

Mobile app users are able to maintain some of their personal data directly. Note that if your account is in arrears you will be unable to use this functionality and you will be directed to contact us accordingly.

Third party disclosures
Your information may be passed to and used by all Gym01 companies. Your personal data is also passed to our data processor for the purpose of providing our services to you (see 3.1). Your data will not be shared with any other third-party service providers without obtaining your prior consent. 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. When they no longer need your data to fulfil this service, they will dispose of your details in line with Gym01 procedures.

We will never pass your personal information to anyone else, except where we are required or permitted to do so by law, for any successors in title to our business and suppliers that process information on our behalf both in the UK and abroad. We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.

Cookies
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer browser from a website’s computer and is stored on your device’s hard drive in the form of a text file.

How do Gym01 use cookies?
Cookies are used to control an online session and provide security such as a time-out function. Gym01 only issues session specific cookies which store no personal or transactional data.

Third Party Cookies: Google Analytics
Gym01 may use Google Analytics for SEO purposes and to improve their online marketing efforts. For a detailed explanation of how Google Analytics cookies work please
visit: https://developers.google.com/analytics/resources/concepts/gaCon ceptsCookies

Other web sites
Our web site may contain links to other web sites which are outside our control and are not covered by this Privacy Notice. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy notice, which may differ from ours.

Data Retention Period
As a prospective member that has consented for us to contact you,
Gym01 will retain your data for up to 12 months, unless you notify us that you no longer wish to be contacted. If you join us, Gym01 will retain your data for as long as you are a member. On termination of your membership, your personal data will be stored for a maximum period of 6 years for the purposes of responding to you in the event of any future indemnity claim that may arise. After this period, your personal data will be anonymized so you can no longer be identified from the information we hold.

 Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
a) Right to be informed – you have the right to know how your personal data is being used
b) Right of access – you have the right to request a copy of the information that we hold about you.
c) Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
d) Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
e) Right to restriction of processing – if you believe the basis for processing your data as described in section 3 of this notice no longer applies or if you contest the accuracy of the information we hold about you, you have a right to request restrictions to the processing of your data.
f) Right of portability – you have the right to have the data we hold about you transferred to another organisation.
g) Right to object – you have the right to object to certain types of processing such as direct marketing.
h) Right to object to automated processing, including profiling – you also have the right to not be subject to the legal effects of any automated processing or profiling.

Note that if Gym01 refuses a request from you under rights of access, we will provide you with a reason as to why.

Finally, if a data breach occurs which compromises your personal data, you have a right to be informed within 72 hours of us first becoming aware of the breach.

The Right to Complain
If you believe that your data is being processed unfairly or you have any other concerns about the way that Gym01 or its designated processor is handling your data, you have the right to complain to the Information Commissioners Office (ICO). Please visit www.ico.org.uk for more information.

Privacy Notice Changes
Gym01 reserves the right to update this Privacy Notice at any time, in particular pursuant to any changes made to the laws and regulations in force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to your personal information.

Contact Us
If you have questions relating to this, you can:
Write to us at:
Gym01,
Unit 16 Partnership Park,
Rodney Road,
Portsmouth,
PO4 8DF

Send us an email at:

hello@gym01.com