Privacy Policy

This privacy policy (the “Policy”) sets out how the following entities: 

– Galova Limited (trading as Gym Plus Cork); 

– Mandabe Limited (trading as Gym Plus Naas); 

– Prime Fitness Limited (trading as Gym Plus Ashbourne, Drogheda, Rathfarnham and  Swords); 

– Prime Fitness (Ballsbridge) Limited (trading as Gym Plus Ballsbridge); 

– Prime Fitness (Drogheda) Limited (trading as Gym Plus Drogheda); 

collectively trading as the Gym Plus Group (“Gym Plus”, “we” or “us”) uses and protects any personal  information that you give Gym Plus when you use our website and clubs. This Policy sets out important  information about your rights in relation to the processing of your personal data, and the basis on which  any personal data we collect from you, or that you provide to us, will be processed in connection with  your use of this website (https://gymplus.ie/) (“our Site” or “the Site”) and/or our services (the  “Services”).  

Controller 

Under this Policy, and unless we have entered into a different agreement with you, we will be what is  known under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) as the “controller”  of the personal data you provide to us. 

Our privacy culture 

We respect your right to privacy and take seriously our responsibilities in relation to the processing of  personal data. We do not collect or process personal data unnecessarily.  

Gym Plus is committed to ensuring that your privacy is protected. This means that we will only use the  personal information you provide in an appropriate way and that we will do all we can to protect it. 

If you have any questions about this Policy, including any requests to exercise your legal rights, please  contact dataprotection@gymplus.ie. 

What we collect 

We will collect and process the following data about you for the following purposes: Information you give us. 

Your Data. This is information about you that you give us by filling in forms on our Site or by  corresponding with us by phone, e-mail, in a club, or otherwise. It includes information you provide  when you use our Site, or the Services, or report a problem with our Site.  

The information you give us may include: 

• Identity Data: your full name, Eircode, e-mail address, phone number, address, age, date of birth,  title, your photograph and personal description, member ID, login and password details,  attendance history, QR access code, and/or preferences and interests. 
• Financial Data: your financial, including bank account or card details, billing contact email  address. 
• Health Data: data relating to your health. 
• Profile Data: your preferences and interests, including your marketing preferences.

Information we collect about you. 

Automatically Collected Information. With regard to each of your visits to our Site we will  automatically collect the following information: 

• Technical Data: technical information, including the Internet protocol (IP) address used to  connect your computer to the Internet, your login information, browser type and version, time  zone setting, browser plug-in types and versions, operating system and platform, how often  you use the application and other performance data; and 
• Usage Data: information about your visit, including the full Uniform Resource Locators (URL),  clickstream to, through and from our site (including date and time), page response times, length  of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse overs, search queries), methods used to browse away from the page, forms submitted, and  any phone number used to call us. 

Special categories of personal data and data related to children 

For club members or guests under the age of 16, a parent or guardian must give consent for the  processing of their child’s personal data. The processing of children’s personal data is required so that  we may carry out our contract for services, i.e., as required in relation to their access to and use of our  clubs and gym facilities. 

In addition to basic identification and demographic data, Health Data is collected as needed when a  child is being added to our swim programme and the swim lesson teaching portal. This is to help ensure  our instructors are aware of any health issues that might affect the delivery of the lesson or require  special arrangements to be made for the child. This information is deleted 6 months after lessons cease,  or sooner by request. 

Personal data relating to children will not be subject to profiling of automated decision-making and is  not used for marketing purposes. 

What we do with the information we gather 

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

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

We have set out below, in table format, a description of the ways we plan to use your personal data  and the legal basis we rely only to do so. We have also identified our legitimate interests where  appropriate:

Purpose/Activity	Type of data	Legal basis for processing
– To provide the Services to  you.	– Identity Data  – Financial Data  – Technical Data  – Usage Data	– Performance of a contract.
– To help ensure your health  and safety in providing the  Services to you including  making any special arrangements in connection with the provision of any swimming lessons or other  Services.	– Identity Data  – Health Data	– Performance of a Contract  with you.  – Explicit consent.

 

To respond to your queries  and to provide you with the  information you request from  us in relation to our products  or services.	– Identity Data  – Technical Data  – Usage Data	– Necessary for our legitimate  interests (to respond to new  or existing customer queries  and grow our business).  – Performance of a contract  with you.
To manage payments, fees  and charges and to collect  and recover money owed to  us.	– Identity Data  – Financial Data	– Performance of a contract  with you.  – Necessary for our legitimate  interests (to recover debts  due to us).
To manage our relationship  with you, including notifying  you about changes to the  Services, or our Policy.	– Identity Data  – Technical Data  – Usage Data	– Performance of a contract. – Necessary to comply with a  legal obligation.  – Necessary for our legitimate  interests (to keep our records  updated and to study how  customers use our products  and services).
To provide you with  information about services we  offer that are similar to those  that you have enquired about.	– Identity Data  – Technical Data  – Usage Data	Necessary for our legitimate  interests (to develop our  products or services and grow  our business).
Where you have given us  your consent to do so, to  provide you with information  about other services and  special offers we feel may  interest you.	– Identity Data  – Technical Data  – Usage Data	Consent
To ensure that content is  presented in the most  effective manner for you and  for your computer or device.	– Identity Data   – Technical Data  – Usage Data	Necessary for our legitimate  interests (to keep our Site and  the Services updated and  relevant and to develop and  grow our business).
To administer and protect our  business, our Site and for  internal operations, including  troubleshooting, data  analysis, testing, research,  statistical and survey  purposes.	– Identity Data  – Technical Data  – Usage Data	Necessary for our legitimate  interests (for running our  business and as part of our  efforts to keep our Site safe and  secure).
To use data analytics to  improve or optimise our Site,  marketing, customer  relationships and  experiences.	– Technical Data  – Usage Data	Necessary for our legitimate  interests (to define types of  customers for our products and  services, to keep our Site and  the Services updated and  relevant, to develop and grow  our business and inform our  marketing strategy).

 

To measure or understand  the effectiveness of  advertising we serve to you  and others, and, where  applicable, to deliver relevant  advertising to you.	– Identity Data  – Technical Data  – Usage Data	Necessary for our legitimate  interests (to study how  customers use our products or  services, to develop them, to  grow our business and to inform  our marketing strategy).
To run customer surveys,  promotions and competitions.	– Identity Data  – Profile Data	Consent

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 at dataprotection@gymplus.ie. 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 this Policy, where this is required or permitted by law. 

How long we keep your information. 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for,  including for the purposes of satisfying any legal, accounting, or reporting requirements. This means  that the period of time for which we store your personal data may depend on the type of data we hold.  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 requirements. For more information  about our data retention policies please contact us at dataprotection@gymplus.ie. 

Disclosure of your information 

We do not sell your personal information to third parties for marketing purposes. We may disclose  information to third parties if you consent to us doing so as well as in the following circumstances: 

You agree that we have the right to share your personal information with the following recipients  or categories of recipients: 

• Any department or authorised person within our company or any member company within our  group. 
• Selected third parties including: 
• business partners, suppliers, instructors and sub-contractors for the performance of any  contract we enter into with them or you in relation to the Services;  
• analytics and search engine providers that assist us in the improvement and optimisation  of our Site; 
• credit reference agencies for the purpose of assessing your credit score to the extent this  is a condition of us entering into a contract with you. 

We will disclose your personal information to third-party recipients: 

• in the event that we sell or buy any business or assets, in which case we will disclose your  personal data to the prospective seller or buyer of our business or assets. 
• if Gym Plus or substantially all of its assets are acquired by a third party, in which case personal  data held by it about its customers will be one of the transferred assets. 
• if we are under a duty to disclose or share your personal data in order to comply with any law,  legal obligation or court order, or in order to enforce rights under the GDPR or other  agreements.
• to protect our rights, property or safety, our customers, or others. This includes exchanging  information with other companies and organisations for the maintenance and security of the  Site and Services. 

How we look after your information 

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. 

Your rights relating to your personal information 

Accessing your Personal Data 

You may request access at any time to a copy of the personal data we hold about you. Any such request  should be submitted to us in writing and sent to dataprotection@gymplus.ie. We will need to verify your  identity in such circumstances and may request more information or clarifications from you if needed to  help us locate and provide you with the personal data requested. 

There is usually no charge applied to access your personal data (or to exercise any of the other rights).  However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable  fee. Alternatively, we may refuse to comply with your request in these circumstances. 

Right of Restriction. 

You may restrict us from processing your personal data in any of the following circumstances: • you have contested the accuracy of the personal data we hold on record in relation to you or  for a period of time to enable us to verify the accuracy of the personal data; 

• the processing of your personal data is unlawful and you request the restriction of use of the  personal data instead of its erasure; 
• we no longer require your personal data for the purpose of processing but you require this data  for the establishment, exercise or defence of legal claims; or 
• where you have contested the processing (under Article 21(1) of the GDPR) pending the  verification of our legitimate grounds. 

Corrections or Erasure (Right to Rectification and Right to Be Forgotten) 

If we hold personal data concerning you which are no longer necessary for the purposes for which they  were collected or if you withdraw consent for us to process your personal data, you can request the  deletion of this personal data. This right, however, will not apply where we are required to process  personal data in order to comply with a legal obligation or where the processing of this information is  carried out for reasons of public interest in the area of public health. If the personal information we hold  about you is inaccurate, you may request to have your personal information updated and corrected. To  do so at any time, please contact us by email at dataprotection@gymplus.ie.  

Your Right to Object 

You have the right to object to the processing of your personal data at any time:  

• for direct marketing purposes; 
• for profiling to the extent it relates to direct marketing; and 
• where we process your personal data for the purposes of legitimate interests pursued by us,  except where we can demonstrate compelling legitimate grounds for this processing which  would override your interests, rights and freedoms or in connection with the enforcement or  defence of a legal claim.

To exercise your right to object at any time, please email dataprotection@gymplus.ie.  

Should this occur, we will no longer process your personal data for these purposes unless doing so is  justified by a compelling legitimate ground as described above. For more information about our  marketing practices, please see the Marketing Communications section below. 

Data Portability 

Where we process your personal data by automated means (i.e., not on paper) and this processing is  based on your consent or required for the performance of a contract between us, you have the right to  request from us a copy of your personal data in a structured, commonly used machine-readable format  and, where technically feasible, to request that we transmit your personal data in this format to another  controller. 

Profiling 

Profiling is an automated form of processing personal data often used to analyse or predict personal  aspects about an individual person. This could relate to a person’s performance at work, economic  situation, health, personal preferences, reliability, behaviour, location, or movements. An example of  this would be where a bank uses an automated credit scoring system to assess and reject a loan  application.  

You have the right to be informed if your personal data will be subject to automated decision-making,  including profiling. You also have the right not to be subject to a decision based solely on automated  process, including profiling, where that decision impacts on your legal rights. There are some  exceptions to this rule, where, for example, the decision is necessary in connection with the  performance of a contract between us, is authorised by law or where you have given your explicit  consent to this automated processing. In this case, however, we do not engage in profiling or automated  processing for profiling purposes. 

Personal Rights 

The rights described in this section are personal rights and are exercisable only by the individual person  (or data subject) concerned. 

Marketing Communications 

General 

We will not use your data to send marketing communications to you about promotions, competitions,  updates and new products or services that may be of interest to you unless we have your permission  to do so. 

Your right to object 

You have the right to object to the processing of your personal data for our marketing purposes. To  object or if you change your mind at any later time, you can withdraw your consent to the processing of  your personal data for such marketing purposes by contacting us at dataprotection@gymplus.ie. You  may also opt out of receiving marketing communications at any time by selecting the unsubscribe option  when you receive an electronic marketing communication from us. The withdrawal of your consent will  not impact upon the lawfulness of processing based on your consent prior to the withdrawal. 

Acceptance of these terms 

By taking out a membership, filling in a contact form on our Site 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 the way we outline in this Policy. If you are under the age of 16, Gym Plus will not collect or process  your details unless we have also received the consent of an adult who has parental responsibility for you. To the extent any processing of your personal data is based on your consent, you have the right  to withdraw your consent at any time unless by doing so you prevent us from delivering the Service set  out in your membership agreement. To withdraw consent to the processing of your personal data,  please write to dataprotection@gymplus.ie. 

CCTV 

CCTV is used in our clubs to provide security for our members, their property and the security of the  club. All visitors to the club should be aware that CCTV is in use, as per the signs displayed in the clubs. 

Cookies 

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer  browser from our Site and is stored on your device’s hard drive in the form of a text file. Cookies are  used to control an online session and provide security such as a time-out function. We collect cookies  from our users after obtaining their express or implied consent, which may be given by clicking “Accept”  on the cookies banner displayed on our website. 

How we use cookies 

• Strictly necessary cookies. Strictly necessary cookies allow core Site functionality such as  user login and account management. The Site can not be used properly without strictly  necessary cookies. 
• Targeting cookies. Targeting cookies are used to identify visitors between different websites,  e.g., content partners, banner networks. Those cookies may be used by companies to build a  profile of visitor interests or show relevant ads on other websites. 
• Performance cookies. Performance cookies are used to see how visitors use the website,  e.g., analytics cookies. Those cookies can not be used to directly identify a certain visitor. 

For a detailed explanation of how Google Analytics cookies work please visit:  https://developers.google.com/analytics/resources/concepts/gaConceptsCookies 

Links to other websites 

Our Site may contain links to other websites of interest. However, once you have used these links to  leave our Site, you should note that we do not have any control over that other website. Therefore, we  cannot be responsible for the protection and privacy of any information which you provide whilst visiting  such sites and such sites are not governed by this Policy. You should exercise caution and look at the  privacy statement applicable to the website in question. 

Third-Parties 

We always endeavour to deal with vendors and other third parties who are GDPR compliant or, in the  case of the third parties located outside of the EEA, who use appropriate mechanisms to transfer  personal data (such as the Standard Contractual Clauses), or who have adequate security measures  in place to safeguard the security of personal data. That said, we, our employees, agents, holding  company and subsidiaries, accept no liability howsoever arising for the content or reliability of any third 

party materials or websites referenced by hyperlink or other means on the Site or for the data collection  and use practices or security measures used by such third parties. If you submit personal data to any  of those sites, your personal data is governed by their privacy policy. We encourage you to carefully  read their privacy policies. 

Personal data collected by us and stored via our Site or our mobile app is processed on our behalf by  Perfect Gym Solutions, Spolka Akcjna, str. Franciska Klimczaka 1, 02-797 Warsaw, Poland EU/VAT  9512387811 and in the case of our swimming lessons by CAP2, a trading name of Fitronics Limited, a  registered company in England and Wales with company registration number 04530620 and VAT registration number GB691316824 with a registered office at 18 Monmouth Place, Bath, BA1 2AY. We  have appropriate legal agreements in place with both service providers. 

Changes to this Policy 

Any changes made to this Policy from time to time will be published on the Site.  

Any material or other change to the data processing operations described in this Policy which is relevant  to or impacts on you or your personal data, will be notified to you in advance by email or in-club. In this  way, you will have an opportunity to consider the nature and impact of the change and exercise your  rights under the GDPR in relation to that change (e.g., to withdraw consent or to object to the  processing) as you see fit. 

Questions or Complaints  

Contact Us. If you have any questions or complaints relating to this Policy, please contact us at: dataprotection@gymplus.ie. 

Supervisory Authority. We are committed to complying with the terms of the GDPR and to the  processing of personal data in a fair, lawful and transparent manner. If, however, you believe that we  have not complied with our obligations under the GDPR, you have the right to lodge a complaint with  the Data Protection Commission: https://www.dataprotection.ie