This document explains how we use your personal data.
We are committed to ensuring the privacy of all users of our website and services and other visitors to our website. In this policy we explain how we hold, process and retain your personal data.
In respect to the account data, membership details, waiver data, and payment information (as defined below) that you provide to us, we are acting as sole processor of the services provided. We will at times store certain data for future us as described in this notice below.
1 How we use your personal data
1.1. This section provides you with information about:
a) what personal data we hold and process;
b) in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;
c) the purposes for which we may process your personal data; and
d) the legal grounds on which we process your data.
Members and end users of our services
1.2. Account data. We may process information about you that you provide (account data) to us when you first sign up for any part or membership on the site. This account data may include your name, address, telephone number, email address, date of birth, gender, employment details, and a photograph of you, plus any necessary payment information you provide to the website to process your membership. We may use this data to create your account when you sign up. This account data may be updated each time you complete a document through our system. We do not process your account data in any other way, or have access to it in any way.
The legal basis for this processing is our legitimate interests in providing our services to our clients, and ensuring that your account is updated each time that you complete a document through our website.
1.3. Waiver data. If you are using our website in order to sign documents such as a waiver, health form, contract, or questionnaire, we may process information that you put into such documents (“waiver data”). This waiver data may include your name, signature, date of birth, email address, information about your health and medical history, payment details, and any other information that you are required or requested to put into the document.
Once you have completed the any document, we will process it, convert the document into a different format, and send it to our account files in order for it to be stored and accessed should you need to review it at a later time.
The purpose for our processing your data in this way is to maintain and administer a complete and accurate record of the documents that you have signed and completed for the use of the website. The legal basis for our processing your waiver data (to the extent that such waiver data does not class as a special category of personal data), will be our legitimate interests in providing our services to our clients who have agreed to the terms and conditions of the website and memberships, in order to ensure that a complete and accurate record of your signing and completing the documents is maintained and administered.
1.4. Sensitive Personal Data. During the course of using our website and services and providing us with information in order for us to provide our services to you, you may provide us with sensitive information about yourself (“sensitive data”). This sensitive data may include your health and medical history. We may use this data for providing our services to you. However, we will only process this sensitive data if you consent to us doing so.
[The consent to use this information needs to be provided by the parent for children under the age of 13. Anyone over the age of 13 can provide consent for use of their data under GDPR]
Other processing that we may carry out
1.5. Website data. We may process data about your use of our website and services (“website data”). The website data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the website data is our analytics tracking system. This website data may be processed for the purposes of analyzing the use of the website and services.
The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
We may also process this data for the purposes of diagnosing any issues we detect in relation to the use of our products or services. This data may be collected by our error-tracking software which is provided by Rollbar. We always try to ensure that any such data is anonymized so that you cannot be identified before it is stored in our records.
The legal basis for this processing is our legitimate interests in monitoring and improving our products and services.
1.6. Enquiry data. We may process information contained in any enquiry you submit to us regarding our products or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you.
The legal basis for this processing is our legitimate interests, namely dealing with and responding to your enquiry appropriately.
1.7. Notification data. We may process information that you provide to us for the purpose of subscribing to our blog and press releases (“notification data”). The notification data may be processed for the purposes of sending you newsletters.
The legal basis for this processing is our legitimate interests, namely the marketing of relevant products and services to you.
1.8. Correspondence data. We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping.
The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
1.9. Payment data. When processing payment information relating to goods and services that you purchase from the website, we do capture certain data relating to your payments and use them to update your account with the service provider (“payment data”). The payment data may include your contact details, your card details and the transaction details. The payment data may be processed for the purposes of updating your account and membership status.
The legal basis for this processing is our legitimate interests, namely our interest in the proper administration of our services and ensuring your account is updated.
1.10. Other processing activities. In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2. Providing your personal data to others
2.1. To our clients and partner service providers. There are no third parties to which we will disclose your personal data in respect to the account data, waiver data, and payment data that we collect about you. Your accounts are created by MemberPress (membership software) in the self-managed plugin on the website, but is not openly available to their server in any way.
2.2. Our insurers/professional advisers. We may disclose your personal data to our insurers, legal counsel, and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
2.3. Where we provide your personal data to any third party. Where we share your personal data with any of the third parties referred to above, we will ensure this processing is protected by appropriate safeguards including a suitable data processing agreement with that third party.
2.4. To comply with legal obligations. In addition to the specific disclosures of personal data detailed above, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation we have to comply with, or in order to protect your vital interests or the vital interests of another individual. This may include disclosing your personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
2.5. We take reasonable and appropriate steps to ensure that third-party agents and service providers process your personal data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances and pursuant to applicable laws, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of your personal data that we transfer to them.
3. Transfers of your personal data outside of the United States
As detailed below, we may transfer your personal data to other servers located outside the United State, as part of the Privacy Shield Agreement. We will provide adequate protection to ensure your information remains safeguarded in the same manner should a server be moved to a foreign location.
4. Retaining and deleting personal data
4.1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Details about members and their membership details and end users of our services, including the account data, waiver data and sensitive personal data, will not be stored after such information is deemed unnecessary.
4.2. Unless we contact you and obtain your consent for us to retain your personal data for a longer period, we will retain and delete your personal data as follows:
a) Website data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
b) Enquiry data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
c) Notification data (other than Notification data that is also Contact data) will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
d) Correspondence data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.
4.3. We may retain your personal data where such retention is advisory and/or necessary for compliance with a legal obligation to which we are subject (such as with regard to applicable statutes of limitations, litigation or regulatory investigations), or in order to protect your vital interests or the vital interests of another natural person.
5. Your rights
5.1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
- a) your request not being found to be unfounded or excessive, in which case a charge may apply; andb) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a notarized photocopy of your driver’s license and/or passport and an original copy of a utility bill showing your current address).
5.2. We may withhold personal information that you request to the extent permitted by law.
5.3. You may instruct us at any time not to process your personal information for marketing purposes.
5.4. In practice, you will usually expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
5.5. Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies.
5.6. Your right to correct. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies corrected. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.
5.7. Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: (1) it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; (2) you withdraw your consent to any processing which requires consent; (3) the processing is for direct marketing purposes; and/or (4) the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for establishing, exercising or defending legal claims.
5.8. Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. These circumstances include the following: (1) you do not think that the personal data we hold about you is accurate; (2) your data is being processed unlawfully, but you do not want your data to be erased; (3) it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and/or (4)you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
5.9. Your right to object to processing. You can object to us processing your personal data where our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim.
5.10. Your right to object to direct marketing. You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose.
5.11. Your right to data portability. Where you have given us consent to process your personal data, or where we are processing your personal data for the performance of a contract, you have a legal right to receive a copy of the personal data we hold about you in a structured, commonly used and computer readable format. When a data request is made of us we will make available all applicable personal data to you in a computer readable format and will transmit your personal data to the appropriate third party pursuant to your instruction. We will not process your data in this way if we believe that it may pose a threat to the security of the data.
5.12. Your right to object for statistical purposes. You can object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest.
5.13. Automated data processing. To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and computer-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others.
5.14. Complaints to a supervisory authority pursuant to the GDPR. If you think that our processing of your personal data infringes data protection laws of the EU, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. This provision is only applicable if you are subject to the protections of the GDPR.
5.15. Complaints if you are not subject to the protections of the GDPR. If you think that our processing of your personal data infringes data protection laws you may contact us via email at email@example.com or mail at: ChangeYourLife.fit 367 Santana Hts #7038 San Jose, California 95128.
5.16. Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
5.17. Exercising your rights. You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified above.
We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as, Apple, Google, Microsoft, or any other operating system provider, wireless service provider or device manufacturer, including any personal data you disclose to other organizations through or in connection with ChangeYourLife.fit’s services.
7. Security of Your Information. The security of personal data is a high priority at ChangeYourLife.fit. We seek to use reasonable technical, administrative and physical safeguards to protect personal data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
8. IP Addresses and Cookies. Cookies are very small text files that are stored on your computer when you visit some websites.
9. Your California Privacy Rights: Notice to California Customers and Opt-Out Information. Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personal data, as defined under California law, during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, you must supply appropriate evidence of your identity and attest to the fact that you are a California resident and provide a current California address for our response. You may request the information by writing to firstname.lastname@example.org.
Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. California residents are entitled to know how Change Your Life, Inc. responds to “Do Not Track” signals. How browsers communicate the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed by the appropriate technology communities. For this reason, we do not respond to Do Not Track signals currently. To opt out of direct advertising on our website, please send a request to the address above. The effect of an opt-out will be to stop direct advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics, and internal online services operation purposes).
11. Our details
11.1. This website and all material contained within are owned and operated by ChangeYourLife.fit.
11.2. We are registered in the state of California under registration number C3518177, and our registered office is at 367 Santana Hts #7038 San Jose, California 95128.
11.3. You can contact us:
a) by mail, using the postal address given above;
b) using our website contact form;
c) by telephone, on the contact number published on our website from time to time; or
d) by email, using the email address published on our website from time to time.