Privacy

 

PRIVACY POLICY

Last updated: 02 August 2024

Introduction
This Privacy Policy describes how The Original Fit Factory Ltd (“we”, “us”, or “our”) collects, uses, and discloses your personal information when you visit, use our services, including our Reebok Fitness App (the App), make a purchase from us on our website (the Platform) or otherwise communicate with us (the Services). For purposes ofthis Privacy Policy, “you” and ““your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

1. Important information and who we are

Purpose of this privacy policy

This Privacy Policy aims to give you information on how we collect and process your personal data, including any data you may provide to us through the App and/or Platform, when you register to become a subscriber to our App, agree to purchase a product from us, or take part in one of our competitions or surveys.
Our App, Platform and Services are not intended for children, and we do not knowingly collect data relating to children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out in this Privacy Policy to request deletion of this information.
It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

Controller

The Original Fit Factory Ltd, a company registered in registered in Scotland with company number SC541304, is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy policy). Our registered office is 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. There may be instances where you receive marketing communications about our brand partner, RILUK IPCO Limited, a member of the Reebok group but for the purpose of applicable data protection laws, we are the data controller of your personal information.

Contact details

If you have any questions about this Privacy Policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: The Original Fit Factory Ltd
Postal address: 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW
Email: rachael@theoriginalfitfactory.com

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided above. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contact us using the contact details set out above, or lodge your complaint with your local data protection authority or with the Information Commissioner‘s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

Changes to the privacy policy and your duty to inform us of changes

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on our Platform and update the “last updated” date and take any other steps as required by applicable law. Regularly reviewing this page ensures that you are always aware of what personal information we collect, how we use it and under what circumstances we will share it with other parties. Historic versions of our Privacy Policy can be obtained by contacting us.

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 App and/or Platform may include links to third-party websites, plug-ins and applications. If you click on any links to sites not affiliated with or controlled by us, you should carefully review their privacy and security policies and other terms and conditions. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not guarantee and are not responsible for the privacy and security of such sites, including the accuracy, completeness or reliability of information found on those sites. Our inclusion of such links on our App and/or Platform does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed in our Services.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified, such as your title, gender, full name, address, phone number and email address. It does not include data where the identity has been removed.

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

Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;
Contact Data includes billing address, delivery address, email address and telephone numbers;
Financial Data includes bank account and payment card details;
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;
Technical Data includes internet protocol (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 our Services;
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
Usage Data includes information about how you use our App, Platform, products and Services; and
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data willnot directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, 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 (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. 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 and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• create an account/register your details with us via our App, Platform or Services:
• subscribe to our content service or purchase a product from us;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.

Automated technologies or interactions. As you interact with our App and/or Platform, 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 or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:

• analytics providers such as Google based outside the EU;
• advertising networks based inside or outside the EU; and
• search information providers based inside or outside the EU.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Apple and Google Play based inside or outside the EU.
Identity and Contact Data from data brokers or aggregators based inside or outside the EU.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we rely on the following legal bases under all applicable data protection laws to process your personal data:

• Where we need to perform the contract we are about to enter into or have entered into with you (e.g. where you have made a purchase with us, we use your personal data to process the payment and fulfil your order);
• 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; and
• 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 direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing 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

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established settings in your Account section on our Platform where you can view and make certain decisions about your personal data use.

Promotional offers from us

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 agreed to purchase goods or receive services from us and you have not opted out of receiving that marketing.

No third-party marketing

You may receive emails from us regarding our brand partner, Reebok, from time to time but unless otherwise stated in this privacy policy, we will not share your personal data with any third party for marketing purposes relating to third party products or services. You can opt-out of this at any point.

Opting out

You can ask us to stop sending you marketing messages at any time by logging into the Platform and checking or unchecking relevant boxes in your Account section to adjust 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 as a result of a service/product provided to you, warranty registration, product/service experience or other transactions.

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 our App and/or Platform may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.

5. Disclosures of your personal data

We may share personal data with subsidiaries or connected parties of The Original Fit Factory Ltd.

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

• with suppliers, vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfilment and shipping);
• with business and marketing partners to provide services and advertise to you. For example, we may use a third-party to support personalised advertising with third-party services. Our business and marketing partners will use your information in accordance with their own privacy notices;
• with government departments and agencies, regulators, and law enforcement where we are required to share personal data by law; and
• in connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

 

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.

6. International transfers
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries;

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU- US Privacy Shield;

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

7. Data security

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

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.

8. Data retention

How long will you use my personal data for?

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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

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
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

You may have the right to:

Request access to your personal data (commonlyknown as a “data subject accessrequest”). 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 continuing 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 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; or
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

No fee usually required

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.

What we may need from you

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.

Time limit to respond

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.

Google Fit Data Usage

The use and transfer to any other app information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
The User’s physical activity data is used only to show brief statistics of the User’s steps activity on the App’s dashboard screen. User’s physical activity data isn’t shared and isn’t stored on the server-side, and it is only used during the App’s runtime.

Health Connect data usage

The use and transfer of information received from Health Connect will adhere to the Health Connect Permissions Policy, including the Limited Use requirements. The User’s physical activity data is used only to show the user’s step or distance within the challenges feature. This step and distance data will only be visible to the User unless they are part of a multiple-participant challenge or team challenge. The User may leave multiple- participant challenges at any time and in such circumstances, this information will be no longer seen by other Users.

The User’s physical activity data (steps and distance) is stored on the server side for the challenges functionality to operate. Such data is encrypted and transferred to the front-end using encryption protocols.

INFORMATION ABOUT OUR USE OF COOKIES
Our web platform uses cookies to distinguish you from other users of our web platform. This helps us to provide you with a good experience when you browse our web platform and also allows us to improve our web platform. By continuing to browse the web platform, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You can find more information about the different types of individual cookies we use and the purposes for which we use them in the table below:

Statistic cookies help us to understand how visitors interact with our websites by collecting and reporting information anonymously.
Provider Cookie name Description
Google Analytics _ga Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
Marketing Cookies
Provider HCookie name Description
Google Analytics Ads/ga-audiences Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour across websites
Google NID Registers a unique ID that identifies
Google Analytics Collect Used to send data to Google Analytics about the visitor’s device and behaviour. Tracks the visitor across devices and marketing channels
Google Tag Manager _hjlncludedln Sample Determines if the user’s navigation should be registered in a certain statistical placeholder

Most of the analytics and marketing cookies are influenced by Google Analytics. Please find the link for their cookie policyPlease note that third parties (including, for example, advertising, marketing and for statistical analysis) may also use these cookies where we have no control. You may block the cookies (external page) by activating the settings on your browser that allow you to refuse the sage of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our services and website.