Privacy Policy - Gym+Coffee UK

Privacy Policy

Gym+Coffee Privacy Policy

At Gym+Coffee, our customers' privacy is a top priority.  We appreciate that you put your trust in us when you provide us with your information and we do not take this lightly. We regularly audit our own procedures to ensure that your data is kept secure and is accessible and used only for the purposes agreed.

We have written our Privacy Policy in plain English and easy to understand language.

Please do not hesitate to contact us if you have still have questions once reading the policy.

WHO CONTROLS YOUR PERSONAL DATA?

Gym+Coffee is the company that is responsible for your information under this Privacy Policy (the “data controller”). We are located at:

Gym Plus Coffee Limited
Molyneux House
Bride Street
Dublin 8

Organization number: 589733

 

WHAT PERSONAL DATA DO WE COLLECT?

The type of data we collect about you includes:

Identity Data including your first name, last name, username, address

Contact Data including your billing address, delivery address, email address and telephone numbers.

Financial Data including payment card details. This is collected by 3rd party payment gateway.Gym+Coffee does not receive or store any financial data.

Transactional Data including details about payments for products or services you have purchased from us

Technical Data including IP address, your login data, browser type, operating system and platform, as well as your journey through our digital platform (such as the links you click on and the searches you make), which videos you have watched, what content you like and share, and information collected in any forms you complete. We may also analyse which marketing activity led to your taking specific action on our digital platforms.

Profile Data includes your login and password, purchases or orders made by you.

Usage Data including information about how you use our website, products, and services.

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. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.

 

HOW IS YOUR PERSONAL DATA IS COLLECTED?

Direct Interactions

You may give us your data by filling in forms, using our website, ordering products, or from corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • Sign up or order from our website
  • Enter a competition or promotion
  • Sign up to our mailing list
  • Complete a survey / give us some feedback
  • Accepting our cookie policy

How we Store/Process Your Data

We use a number of 3rd party systems to help us provide you with the best possible service. We refer to these as our Data Processors. We have rigid procedures in place to vett any third party supplier.

If you sign-up or opt-in to receive emails fromGym+Coffee, data will be shared with our CRM providerKlaviyo. You have full control over what emails you receive from us and can unsubscribe at any stage by clicking the Unsubscribe link contained on every email.

Klaviyo have a robust Privacy Policy in place which you can read here:Klaviyo Privacy Policy

You can unsubscribe at any stage by clicking the Unsubscribe link contained on every email.

This website uses Segmentify, a web-based service operated. Segmentify is a cloud service for use in websites. Segmentify collects and analyses the behaviour of users in websites, enabling it to automatically calculate and display different types of intelligent product recommendations and other content. Segmentify uses cookies’ which are stored on your computer and which allow an analysis of the use of the website by you by collecting information about your browsing behaviour, your interest in our products, technical information about the device you use to access our website, such as operating system, browser language and version, timestamp), and information about the larger geographic region from which you access our website.  Segmentify will anonymize IP addresses prior to processing. If you do not want to receive Segmentify cookies, you can opt-out by clicking on the following link:https://site.com/?_sgm_tracking=disabled 

When you purchase a product or gift voucher online we will ask for your name, email, phone number, and postal address. This data is securely stored by our E-Commerce partner, Shopify.  Shopifys Privacy Policy can be viewed here

For online transactions, All credit/debit card details are processed securely by Shop Pay (formly Shopify Pay), Google Pay, PayPal or Apple Pay; depending on your selection. Gym+Coffee does not receive or store any online card details. 

All our fulfilment is handled by 2Flow Logistics from their base in Dublin, Ireland or by PCH International from their base in Shenzhen, China.

Klaviyo, Shopify, Shop Pay (formly Shopify Pay), Google Pay, PayPal, Apple Pay, PCH International and 2Flow Logistics act as data processors on behalf of Gym+Coffee. 

We have worked with them to ensure they adhere to our privacy principles and GDPR and have implemented appropriate technological measures to secure data.

 

The Klaviyo mobile message service (the "Service") is operated by
Gym Plus Coffee Limited. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the  Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other
technology. Your consent to receive autodialed marketing text messages is not
required as a condition of purchasing any goods or services. If you have opted in,
the Service provides [updates, alerts, and information (e.g., order updates, account alerts, etc.)][promotions, specials, and other marketing offers (e.g., cart reminders)] from Gym Plus Coffee Ltd via text messages through your wireless provider to the mobile number you provided. Message frequency varies. [[If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number][If sending using an alphanumeric sender ID in the UK] Click the unsubscribe link in any text message to cancel at any time. to cancel at any time.] You'll receive a one- time opt-out confirmation text message. If you have subscribed to other Gym Plus Coffee Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email hello@gympluscoffee.com We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be Responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or
undelivered messages. You agree to provide us with a valid mobile number. You
agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. To the extent permitted by applicable law, you
agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Klarna

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

 General information on Klarna you can findhere. Your personal data is handled in accordance with applicable data protection law and in accordance with the information inKlarna’s privacy policy.

In cooperation withKlarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay in 3

  • Pay Later

 

Further information and Klarna’s user terms you can findhere. General information on Klarna can be foundhere. Your personal data is handled in accordance with applicable data protection law and in accordance with the information inKlarnas privacy statement.

 

Collection and Use of Personal Information

The information that you provide on the Gym+Coffee website will be used only for its stated purpose. By sending us an e-mail message, you may be sending us personal information such as your name, address, and e-mail address.

We may store your name, address, and e-mail address in order to respond to your request or otherwise resolve the subject matter of the e-mail.

Gym+Coffee will make no attempt to identify individual visitors, or to associate technical details with any individual. It is our policy never to disclose such technical information in respect of individual website visitors to any third party, unless obliged to disclose such information by a rule of law.

Cookies

This website uses “cookie” technology. A cookie is a small piece of data or a small text file stored by the browser on your computer, at the request of our server. We may use cookies to deliver content specific to your interests and to save your personal preferences so you do not have to re-enter them each time you connect to our website – our cookies are not available to other websites.

In particular cookies enable us:

  • to measure visitor traffic to our website and their usage patterns
  • to store information about your preferences, and so allow us to customise our website according to your individual interests with our personalisation provider Segmentify.
  • to speed up your searches
  • to recognise you when you return to our website

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visitallaboutcookies.org.

 

Disabling Cookies

You are always free to decline such cookies if your browser permits, or to ask your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion.

Targeted Advertising

We may also use third-party platforms, including platforms operated by social networks, such as Google, Facebook, and Instagram, to show you interest-based ads. We may convert your email address, telephone number or other information into a unique value which can be matched by those third parties with a user on their platform or with other data they may have collected from you. 

This matching allows interest-based ads to be delivered on those platforms. To opt-out of these ads, you must change your preferences by clicking on the cookie control tool above and unselect the “targeting” setting. These platforms may have their own privacy notices or policies, which we strongly suggest you review.

 

 Facebook:Opt-out of Facebook remarketing here 

Google:Opt-out of Google remarketing here

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to gather statistics on our website. The statistics we gather help us to provide a better web service for the visitors. For more information on Google Analytics, please visit Google’s website.

Google Analytics uses cookies to define user sessions, as well as to provide a number of key features in the Google Analytics reports. This means that the cookies are linked to our website domain(s), and we will only use that cookie data for statistical analysis related to your browsing behaviour on our websites. 

If you choose, you can opt out by turning off cookies in the preferences settings in your browser. You can opt-out from being tracked by Google Analytics by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser:Google Analytics Opt-out Browser Add-on

We may implement certain Google Analytics Advertising Features (including Re-marketing with Google Analytics; Google Display Network Impression Reporting or Google Analytics Demographics and Interest Reporting). You can opt-out of the Google Analytics Advertising Features through Google Ad settings or by visiting https://tools.google.com/dlpage/gaoptout/.

What Are Your Rights?

In line with GDPR and the Data Protection Act 2018 you have the right to:

  • To have your information updated or corrected 
  • To restrict the processing of your information
  • To object to direct marketing
  • To have your information deleted from our records
  • Make a Subject Access Request

 

Right to Rectification:You have the right to request rectification of your personal data if it is incorrect, including the right to have incomplete personal data completed.

If you have an account on our website, you can update your details by logging into it.

Right to Access:You have the right to request information about the personal data we hold about you at any time. 

Right to Portability: Whenever Gym+Coffee processes your personal data by automated means based on your consent or based on an agreement you have the right to get a copy of your data in a structured, commonly used and machine-readable format transferred to you or to another party. This only includes the personal data you have submitted to us. 

 

Right to Erasure:You have the right to erase any personal data processed by Gym+Coffee at any time, except for the following situations:

  • you are suspected of misuse of, or have misused our services within the past four years;
  • where the information is needed in exercise or defence of legal claims;
  • where the information is required to comply with any legal obligations; and
  • any other applicable exemption under Article 17(3) of General Data Protection Regulation (GDPR) (EU) 2016/679

Right to Object: You have the right to object to the processing of your personal data that is based on Gym+Coffee legitimate interests. Gym+Coffee will not continue to process your personal data unless we can demonstrate a legitimate basis for the process which overrides your interests and rights or due to legal claims.  

HOW CAN YOU EXERCISE YOUR RIGHTS?

We take data protection very seriously and have therefore dedicated a member of the Gym+Coffee team to handle your requests in relation to your rights stated above.

Exercising your rights is free of charge. We can, however, refuse or charge for any requests that are deemed excessive, repetitive and/or unreasonable.

We will need to verify your identity to comply with any request(s) to exercise your rights. We will need some personal information to do so, strictly for the purposes of identity verification. We will only ever comply with requests for the excision of rights with regards to your personal data by you only.

All requests should be resolved within one month. This, however, may take longer for requests that require a more complex resolution. We will inform you of any delays that may be required, along with justification.

You have the right to complain to the DPC if you are unhappy with how we process your personal data. DPC is a body that supervises and enforces privacy laws in Ireland. Please visit their website athttps://www.dataprotection.ie/ for more information. We do request that you contact us first with any concerns. We recommend contacting DPC if you are still unsatisfied after attempting to resolve any issues with us directly.

Security and Data Breach Procedures

We take our customers' privacy seriously. We have put a number of systems in place to protect data, including site-wide encryption.

All online transactions are handled by Shop Pay (formerly Shopify Pay), Google Pay, PayPal or Apple Pay; depending on your selection. Gym+Coffee does not receive or store your card details. Our commitment to you is that, should a breach occur, all affected parties will be contacted without delay. We have a robust policy to handle such an occurrence and staff have been trained in best practice.

We are happy to answer any questions that you may have pertaining to our Data Protection or Privacy Policies, or the use of your information. 

Please email: hello@gympluscoffee.com

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Gym+Coffee (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at niall@gympluscoffee.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Dublin, Dublin before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Gym+Coffee USA’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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