Privacy Notice

THE GYM ADVISORS PRIVACY NOTICE

Andy Colleran T/A as The Gym Advisors is committed to protecting and respecting your privacy. This Privacy Notice sets out the basis on which any personal data we collect from you or that you provide to us (Data), on our website (https://thegymadvisors.ie) (Site) or otherwise, will be processed. Please read the following carefully to understand our use of Data.

Anonymised data is not personal data.

WHO WE ARE

Andy Colleran (T/A The Gym Advisors) is located at 29 Carraig Abhainn, Ballysadare, Co. Sligo.

You can contact us at this address by post or by email at info@thegymadvisors.ie

Our data protection representative is Andy Colleran who can be contacted at the above address or email address.

INFORMATION WE MAY COLLECT FROM YOU

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

Identity Data includes first name, last name, Trading or Partnership or business name, username or similar identifier.

Contact Data includes name, business and/or residential address(es) communication address, phone number and email address

Financial Data – We do not track or store financial data, we use Stripe to process all payments on our behalf

Transaction Data includes details about payments to and from you and other details of subscriptions and products you have purchased from us. Information that you provide by filling in forms on our Site. This includes information provided at the time of requesting information from us, submitting reviews or providing us with the information of a Fitness Facility or FitPro you would like to see on the Site.   We collect Data about you on the Site which you volunteer when you e-mail us to complain, request information or for any other reason or by using our online Contact Form. 

Technical Data includes information when you access our Site or use our online services. Such data can include IP address, login data. 

Usage Data includes information about how you use our Site, products and services, your behaviour on our Site, time and date of your visit this data is obtained from our analytics tracking system.

Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

 

Our Lawful Basis for collecting this data

Our lawful basis for collecting Identity Data and Contact Data is either the performance of a contract, your consent or our legitimate interest.

Our lawful basis for collecting Financial Data or Transaction Data is the performance of a contract between you and us and or taking steps prior to entering a contract or our legitimate interest to reply to communications sent to us, to keep records.

Our lawful basis for collecting Usage Data is our legitimate interest which is to enable us to properly administer our Site and our business and to grow our business and to decide our marketing strategy.

Our lawful basis for collecting Technical Data and Marketing and Communications Data is either your consent or our legitimate interest in studying how our customers use our services, to develop services, to grow our business and to decide our marketing strategy.

We may also ask you for information if you report a problem with our Site;

  • If you contact us, we may keep a record of that correspondence; details of your visits to our Site (including, but not limited to, traffic data, location data, weblogs and other communication data) and the resources that you access.

 

THIS SITE USES COOKIES

The Site uses cookies, see our Cookie Policy for further information, including how to block cookies.

 

When you access our Site, your device/computer’s browser provides us with information such as your IP address, browser type, access time and referring URL which is collected and used to compile statistical data on the use of our site

This information may be used to help us to improve our Site and the services we offer.

Through this Site you may have an opportunity to send us information, such as through the “Contact Us” pages or any other area where you may send emails, make a download, or provide feedback.

By choosing to participate in these, you will be providing us with some level of personal information relating to you.

This information will only be used by us for (i) the purpose for which it was provided by you; (ii) verification purposes and statistical analysis; (iii) marketing and administration purposes including for our legitimate interests, (iv) where applicable fulfilment of contracts or (v) where you have provided consent.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for.

WHY WE PROCESS YOUR DATA, THE LAWFUL BASIS FOR PROCESSING YOUR DATA AND WHO WE SHARE IT WITH

  • For Everyone who views, interacts and uses our Site in any capacity, we process data:
    • To respond to queries, suggestions or complaints sent to us via email or our contact forms.
    • To keep you up to date with our latest news when you sign up to our newsletter on our Site.
    • To track page visits and length of visits
    • For statistical purposes

The legal basis for this processing is in responding to a query which may lead to a contract being entered into with you or your preferred Fitness Facility or FitPro. We also have a legitimate interest in the administration and operation of our services and in the marketing and promoting of our services. We always include an unsubscribe button in our marketing communications, so you can opt out of receiving such communications at any time.

We may share this data with our IT and Site service providers who assist us in maintaining the Site and who deal with any technical issues with the Site. They may only process this data for the purpose of providing us with their services, and no other purpose.

We share information such as your name and email address with our marketing and newsletter services providers (currently Mailchimp) who sends out our electronic newsletters and marketing emails. This provider is not permitted to use this data other than on our behalf.

We may also send you emails through our email service provider.

We will retain this data in identifiable form to respond to your query or complaint.

If you become a Profile Owner as required by law and in accordance with our statutory requirements, we will retain data for so long as required (which can be in excess of 7 years).

If you do not become a Profile Owner, this data in identifiable form is generally only retained for a 12-month period after we respond to your query or complaint.

Your details will remain on our marketing list until such time as you unsubscribe. You can unsubscribe at any time by clicking the appropriate link in one of the emails.

  • For reviewers of Fitness Facilities and FitPros we process data
    • All of the above data set out under Everyone Who views etc. plus:
      1. Your Personal Details (relationship with the Profile Owner, Decision to Remain Anonymous or not, Your First and Last Names, Your Email Address, Your Phone Number (Only used in the event of a contested Review), , and your Experience Level) are compulsory in order to leave a review. You may also provide Your Age, Your Gender (if you provide same as you have an option to indicate that you “Prefer Not to Say”)
      2. Other information (Your Favourite Exercise and Your End Goal) are given by informed consent.

 

  • This information is requested to improve the accuracy and efficacy of our Site.
  • The legal basis for this processing is our legitimate interest in obtaining reviews for our Site and also with your consent for the information that is not mandatory or compulsory that you choose to provide to us.

 

For Full Profile Owners (Fitness Facility or FitPro)

  • All of the above plus:
    • In order to market our services and to send you information relating to our services and/or products that may be of interest to you.
    • To provide you with updates about our Site and send you newsletters to which you have subscribed.
    • To fulfil our contract with you, we will send you automated emails re: payments, reviews, complaints and investigations details of linkages and forward communications received from the public via our Site.

The legal basis for the processing of this data is processing is necessary for the purpose of the legitimate interests of The Gym Advisors in promoting our services and products and keeping you informed of updates and changes to the Site and in fulfilment of our contract.

We always include an unsubscribe button in our marketing communications, so you can opt out of receiving such marketing communications at any time).

We share information such as your name and email address with our marketing email and newsletter services provider (currently Mailchimp) who sends out our electronic newsletters and marketing emails. This provider is not permitted to use this data other than on our behalf.

We may also send you emails through our email service provider.

We may share this data with our IT and Site service providers who assist us in maintaining the Site and who deal with any technical issues with the Site. They may only process this data for the purpose of providing us with their services, and no other purpose.

Your details will remain on our marketing list until such time as you unsubscribe. You can unsubscribe at any time by clicking the appropriate link in one of the emails.

 

SECURITY AND WHERE WE STORE YOUR PERSONAL DATA

We use mailchimp.com which is based in the US for our mailing list subscription service.

The transmission of information via the internet is not completely secure and may involve the transfer of Data to countries outside of the European Economic Area (EEA). Those countries may not provide an adequate level of protection in relation to processing your Data.

We have put in place security measures to prevent your personal data from being accidently lost, used, altered, disclosed or accessed without authorisation. 

USES MADE OF YOUR DATA – HOW WE USE YOUR INFORMATION

We use your Data that we hold to:

  • Ensure that content from our Site is presented in the most effective manner for you and for your computer;
  • Present reports to thegymadvisors.ie Profile Owners on the efficacy and benefits of our Site and pass on information received via our Site for you from the public;
  • Demonstrate the need for a profile to potential profile owners on the usage volume from people in their area;
  • Provide you with information, products or services that you request from us or which we feel may interest you if you have provided consent to receiving such information or where we rely on our legitimate interest to send you such information.
  • Carry out our obligations arising from any contracts entered into between you and us;
  • Allow you to participate in interactive features of our service when you choose to do so; and
  • Notify you about changes to our service

We may use your Data as a legitimate interest to send you information relating to our services, events and products which may be of interest to you. If you do not want us to use your Data in this way, please contact us at the contact details at the start of this privacy notice or unsubscribe to any communication that you receive..

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

As mentioned above we use some third-party service providers to help us in providing our services to you. We may disclose your Data to these third parties who provide a service to us (including mailchimp.com, stripe.com, and Google Analytics).

In the event we sell or buy any business or assets, in which case we may disclose your Data to the prospective seller or buyer of such business or assets.

If we are under a duty to disclose or share your Data in order to comply with any legal obligation, we may share your data with the relevant body. For example, we may share your Data with our accountant, lawyers, bankers, insurance broker and insurers, the Revenue Commissioners and the Garda Siochana.

To protect the rights, property or safety of Andy Colleran T/A The Gym Advisors, our customers or others, we may share your data with other companies or organisations. For example, we may share your Data for the purposes of fraud protection, anti-money laundering, and credit risk reduction or if a complaint is received on the Site or you attempt to link yourself to another Fitness Facility or FitPro..

LINKS TO OTHER SITES

Our site contains links to and from other websites. If you follow a link to any of those websites, please note that those websites have their own privacy policies and that we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites.

 

TRANSFERS OF DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

We transfer data relating to our marketing activities, for example, to send a marketing email of a newsletter to you electronically we use the services of mailchimp which is located in the USA. The safeguard we have put in place for this transfer is to enter into a contract with Mailchimp which confirms they comply with Privacy Shield.

As a Profile Owner, if you make a payment as part of your Subscription, we use Stripe facilities to take your payment. Stripe is the payment facility used to make the payment. We do not hold your payment details. Stripe is located in the USA. The safeguard we have put in place is that we have entered into a contract with Stripe under which they confirm they comply with GDPR and confirm that they comply with Privacy Shield.

 

INFORMATION RECEIVED FROM THIRD PARTIES AND THE SOURCE OF THAT DATA

If you provide us with information on the Site and we need to contact you to follow up, for example to respond to a query and the information you provide to us appears to contain an error (for example a bounce back on an email address) we will attempt to obtain your correct details using publicly accessible sources.

YOUR RIGHTS RELATING TO PERSONAL DATA

You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:

  • Right to access data – You have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data. We may request proof of your identity to verify your request.
  • Right to Rectification – You have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that is complete
  • Right to erasure – You have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten. If we have no lawful basis to retain your personal data your personal data will be deleted.
  • Right to restriction of processing or to object to processing – You have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
  • Right to data portability (subject to limitations as this right only applies to information processed based on consent or under a contract and the processing is carried out by automated means) – You have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine-readable format.

In order to exercise any of the rights set out above, please contact us at the contact details at the start of this Privacy Notice.

 

RIGHT TO WITHDRAW CONSENT

If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.

 

WHAT TO DO IF YOU ARE UNHAPPY WITH HOW WE PROCESS YOUR PERSONAL DATA

If you are unhappy with how we process personal data, we ask that you contact us so that we can rectify the situation.

 

RIGHT TO LODGE A COMPLAINT

You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission. You can visit their website (www.dataprotection.ie) to find details of how to contact the Irish supervisory authority.

 

REQUIREMENT TO PROCESS PERSONAL DATA

You may browse our Site without providing us with any personal data and this will not affect your ability to view our Site.

For information on the cookies we use see our cookies policy.

If you do not provide us with your information for the purposes described above we cannot keep you up to date with our latest news, respond to your queries or complaints, allow you to create a profile on our Site or accept a review of a profile on our Site.

 

AUTOMATED DECISION MAKING AND PROFILING

We do not use any personal data for the purpose of automated decision making or profiling.

 

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to change this Privacy Notice for time to time in our sole discretion. If we make any changes, we will post those changes here so that you can see what information we gather, how we might use that information and in what circumstances we may disclose it. By continuing to use our Site after we post any such changes, you will be subject to this Privacy Notice as modified.

 

CONTACT US

Questions, comments, requests and complaints regarding this Privacy Notice and the information we hold are welcome and should be addressed to Andy Colleran at info@thegymadvisors.ie or sent in writing to Andy Colleran, T/A The Gym Advisors, 29 Carraig Abhainn, Ballysadare, Co. Sligo. All requests will be dealt with promptly and efficiently.