Funktion privacy policy

Funktion Limited (trading as Funktion Fitness) (Funktion) values your privacy and is committed to ensuring that your privacy is protected.

This privacy notice sets out how Funktion processes personal data, whether it be in respect of individuals who are customers or other third parties collectively being data subjects and further sets out the rights of data subjects in respect of their personal data.

This privacy notice explains what information we collect, how we collect it and how that information is then used. This information is referred to as your ‘personal data’ and is managed in accordance with the Data Protection Jersey (2018) Law and any related Regulations and guidance.

This policy applies to information we collect in regard to:

  • Visitors to our website.
  • Persons that subscribe to our services and/or communications

Definitions

‘We’, ‘our’ or ‘us’ means Funktion.

‘You or ‘your’ means any person using the services of Funktion.

‘Information’ or ‘data’ means all the different forms of information you provide us and which we collect in carrying out our duties and in providing services to you.

Terms such as personal data, data controller and others pertinent to this Privacy Notice have the meanings as set out in the Data Protection (Jersey) Law 2018 (DPJL).

This privacy notice provides you with the necessary information regarding your rights and obligations, and explains how, why and when we collect and process your personal data.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements / websites. When you leave our website, we encourage you to read the privacy notice of every website you visit.

This Privacy Policy does not cover any links within this website which link to other websites. Links to other third-party websites on the website are provided solely for ease of reference and your convenience.

 1)     Name and Address of the Controller

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to any data protection questions.

Email info@funktion.je if you have any questions relating to

  • data protection
  • how we use your information
  • information security
  • our privacy policy
  • a wish to have your information modified, deleted or to gain access to the information held about you.

Alternatively, write to Data Protection Officer, Funktion Limited, Ground Floor, 9 Elizabeth House, Castle Street, St Helier, Jersey JE2 3RT

If we are unable to satisfy your query you may make a complaint to the Jersey Office of the Information Commissioner: 2nd Floor, 5 Castle Street, St. Helier, Jersey JE2 3BT (enquiries@jerseyoic.org +44 (0) 1534 716530).

 2) What data we may collect

a) The categories of personal data about you that we may collect are:

Individual Data which includes personal data you provide to us in person, via our website or by telephone, including the personal and contact details (such as your first name, middle name, last name, username or similar identifier, title, date of birth and gender, billing address, delivery address, email address and telephone numbers, family and associate details, and physical or mental health details) you supply when booking a class, signing up to any newsletter and contact us to let us know we are doing well or to make a complaint or ask about our sessions / press / brand collaboration / marketing / shop / recruitment / general enquiry;

Audio and Visual Data which includes personal data which is gathered using our CCTV or other recording systems in the form of images or video footage that is taken at one of our studios or otherwise by us for promotional/online training purposes;

Account and Profile Data which includes personal data which relates to your user account on our website and/or booking system, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;

Advertising and Marketing Data which includes personal data which relates to your marketing preferences, such as information about your preferences in receiving marketing materials from us and our third parties and your communication preferences as well as your personal interests;

Sales Data which includes personal data which relates to the transactions you have conducted with us, such as details about payments to and from you, details of the products, services classes and packages you have purchased from us;

Economic and Financial Data which includes personal data which relates to your finances, such as your bank account and payment card details and information which we collect from you for the purposes of the prevention of fraud;

Market Research Data which includes personal data which is gathered for the purposes of market research, such as price comparison information;

Information Technology Data which includes personal data which relates to your use of our website, such as your internet protocol (IP) address, login data, traffic data, weblogs and other communication data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website; and

Health Data which includes personal data which is gathered for health and safety purposes including any accident report or claim log.

b) We may also create personal data about you, for example, if you contact us by telephone to make a complaint, such about our services or products, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.

c) We may also obtain and use certain aggregated data such as statistical or demographic data for any purpose (“aggregated data”). Aggregated data may be derived from your personal data but does not directly or indirectly reveal your identity. For example, we may aggregate your operational data to calculate the percentage of users accessing a specific feature on our website. However, if we re-combine or re-connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

d) In addition, we may obtain certain special categories of your data (“special categories of data”), and this Privacy Notice specifically sets out how we may process these types of personal data. The special categories of data are: (i) data concerning health.

e) We do not collect information about criminal convictions and offences.

3. The Sources from which we obtain your Personal Data

We obtain your personal data from the following sources:

(a) Directly from you, either in person (at our studios or otherwise), via our website or by telephone. This could include personal data which you provide when you:

  • purchase our products or services;
  • create a user account on our website or app;
  • subscribe to any newsletter;
  • request information on our services or products or for other marketing to be sent to you;
  • enter into a competition or promotion;
  • complete a survey from us or give us feedback; and
  • when you visit our studios;

(b) Automated technologies, such as CCTV or other recording systems, cookies, server logs and other similar technologies. We may automatically collect Information technology data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. Please see our “cookies” below for further details. Audio and visual data may be collected on you if you attend any of our studios for promotional or security purposes.

(c) Third parties, such as analytics providers (such as Google Analytics), advertising networks (such as Google and Facebook) or providers of technical, payment and delivery services (such as Brainbox (Paypal’s online payment platform));

(d) Publicly available sources

 

4)     What we use your personal data for

We may rely on one or more of the following legal bases when processing your personal data.

We have set out below the purposes for which we may process your personal data:


PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA


TYPE OF PERSONAL DATA USED (SEE ABOVE FOR MORE DETAILS)


THE BASIS ON WHICH WE CAN DO THIS (THIS IS WHAT THE LAW ALLOWS)

To register you as a new customer.

Individual Data;

Economic and Financial Data;

Account and Profile Data.

The processing is necessary
· To Perform a contract with you; and
· Our legitimate interest in the provision of goods and services to our customers

In order to perform our contractual obligations to you. This would include processing and performing any order placed by you or orders placed by us where you are a supplier making or receiving payments, fees and charges and collecting and recovering money owed.

Individual Data

Economic and Financial Data and

Sales Data

The processing is necessary.
· To perform any contract entered into with you; and
· Our legitimate interest in recovering debts owed to us.

In order to comply with our own legal obligations, e.g. health and safety legislation, or to assist in an investigation (e.g. from the Police).

Individual Data;

Audio and Visual Data; and

Health Data

The processing is necessary for us to comply with the law.

In order to use your personal data in life or death situations and there is no time to gain your consent (e.g. in the event of an accident and we have to give your personal details to medical personnel).

Individual Data

Health Data

The processing is necessary in order to protect the vital interests of an individual.

In order to manage our relationship with you including: to send you important notices such as communications about changes to our terms and conditions and policies (including this Privacy Notice);

to provide you with important real-time information about products or services you have ordered from us (e.g. a change of time or location due to unforeseen circumstances); to send you information you have requested, to deal with your enquiries; and to ask you to leave a review or feedback on us.

Individual Data;

Account and Profile Data

Sales Data

Advertising and Marketing Data

The processing is necessary:
· to perform any contract entered into with you;
· to comply with the law; and
· for our legitimate interests in the management and operation of our business, to keep our records updated and to study how customers use our products/services.

In order to administer and protect our business, deal with any misuse of our website and to comply with our security policies.

Individual Data;

Account and Profile Data

Audio and Visual Data

Information Technology Data

The processing is necessary:
· for our legitimate interest in provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise; and
· necessary to comply with the law.

In order to make suggestions and recommendations to you about goods or services that may be of interest to you, deliver relevant website content and advertisements to you and to measure or understand the effectiveness of our advertising.

Individual Data

Sales Data

Information Technology Data

Advertising and Marketing Data

The processing is necessary for our legitimate interests (to study how customers use our products/services, to develop our products and services and ensure our marketing is relevant to you, to grow our business and to inform our marketing strategy.

For internal purposes to use data analytics, to identify usage trends, determine and measure the effectiveness of promotional campaigns and advertising and to improve our website, relationships and experiences.

Information Technology Data

Advertising and Marketing Data

Advertising and Market Research Data.

The processing is necessary for our legitimate interests in defining types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy

To communicate with you about, and administer your participation in special events, programs, promotions, any prize draws or competitions;

Individual Data

Account and Profile Data

Sales Data

Information Technology Data

Advertising and Marketing Data

The processing is necessary:
· For performance of a contract with you; and
· Necessary for our legitimate interests to promote our business.

To sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers.

Individual Data

Account and Profile Data

Sales Data

Information Technology Data

Advertising and Marketing Data

The processing is necessary for our legitimate interests in the sale or disposal of our business or assets.

In order to enforce or apply our terms of use, terms and conditions of supply and other agreements with third parties.

Individual Data

Account and Profile Data;

Sales Data and

Economic and Financial Data

The processing is necessary for our legitimate interests in protecting our business and property and recovering debts owed to us.

In order to deal with recruitment where you have submitted a CV or job application. We may for a reasonable period keep your details on file for future reference should a suitable position subsequently become available and we may send you information about job opportunities.

Individual Data

The processing is necessary for our legitimate interests in recruiting for our business.

In addition, we may lawfully process special categories of data in certain ways. We set these out below along with the linked purposes for which we can process these special categories of data:

PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

CATEGORIES OF PERSONAL DATA

THE BASIS ON WHICH WE CAN DO THIS (THIS IS WHAT THE LAW ALLOWS)

In order to use our knowledge of any health-related personal data you disclose to us in the event of illness or injury or some other related emergency.

Health Data

The processing is necessary in order to protect the vital interests of you or another individual where you or the individual is physically or legally incapable of giving consent.

In order to use information about your health in providing our goods and services to you, where you have published in a public forum that you are suffering from a particular health condition such as informing us at a class that you suffer from a medical condition.

Health Data

The processing relates to personal data which are manifestly made public by you.

In order to disclose any Special Categories of Data we hold on you, where to do so is in the substantial public interest, provided that when we do so we provide suitable measures to protect your rights.

The processing is necessary for reasons of substantial public interest, on the basis of applicable law and it is:
· proportionate to the aim pursued;
· respects the essence of the right to data protection; and
· provides for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals.

In order protect against the threat of an epidemic.

The processing is necessary for reasons of public interest in the area of public health for example:
· protecting against serious cross-border threats to health;
· ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices. The processing must be on the basis of applicable law which provides for suitable and specific measures to safeguard your rights and freedoms, in particular professional secrecy.

  1. b) We do not need your consent if we process your data under one or more of the other legal bases set out above. In limited circumstances we may approach you for your written consent to allow us to process certain data. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

5)     We may disclose your personal data to

  • Any Funktion entity;
  • Any third-party data processors who process your personal data on our behalf;
  • Any third parties service providers which are themselves data controllers such as professional advisors, banks and other service providers;
  • Any other financial institutions or regulatory bodies with which personal data and other information is shared for fraud and crime prevention and credit risk assessment/mitigation;
  • Any national and/or international regulatory, enforcement or exchange body or court where we are required to do so by applicable law or regulation or at their request; and
  • Any central or local government department and other statutory or public bodies as required.

 6)     Data security

We take the security of your personal information seriously and do not share this unless it is essential to provide you with a service in performing our statutory duties. There may also be occasions when we need to share your information, in the following ways:

  • when we have your permission
  • when required by law to disclose it
  • while pursuing tasks for which we have a legitimate interest

We deploy administrative, technical, and physical safeguards designed to comply with applicable legal requirements and safeguard the information that we collect. This includes, when required or appropriate and feasible, obtaining written assurances from third parties that may access your data that they will protect the data with safeguards designed to provide a level of protection equivalent to that adopted by us.

However, no information system can be 100% secure. So, we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.

7)         Children’s Policy

The Company’s facilities are intended for visitors over the age of 18. We will not knowingly collect information from children under the age of 18. If you are under the age of 18, you may not use this website unless you have the consent of, and are supervised by, a parent or guardian.

8)     International transfers or other jurisdictions

We operate in Jersey in the Channel Islands and our data substantially resides in Jersey.

We do use technology that may transfer data to another jurisdiction, for example use of Microsoft, Gymmaster and cloud-based software and back-up of data. We will ensure that your data is appropriately protected and take all steps reasonably necessary to ensure that our data is treated securely and in accordance with this privacy statement.  

9)     How long we retain personal data

We will retain your personal data for as long as necessary to fulfil the purpose for which it was collected.

Once those purposes are completed, we then have legal and regulatory obligations in connection with data retention which we will need to fulfil.

Additionally, we may also retain personal data in some circumstances for a period of least ten years to ensure that we are able to answer and deal with any queries, complaints, tax enquiries or investigations or any legal proceedings which may arise.

10)     Cookies

Our website uses cookies, as most other websites also do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone when you browse websites. They are not executable and are harmless to your PC.

We use cookies to compile visitor statistics such as how many people have visited our website, what type of technology they are using (e.g. PC or Mobile Phone), what pages are being looked at, etc. All this useful information helps us to continuously improve our website and visitor experience. We do not use cookies to collect any personally identifiable information.

If the settings on your internet browser that you are using to view this website are adjusted to accept cookies, we take this, and your continued use of our website, to mean that you are fine with this.

Should you wish to remove or not use cookies from our site, virtually all modern browsers allow you to see what cookies you have got, and to delete them if you wish. Many browsers can also be set up to ask consent for each individual cookie before it is set. This gives you very fine control over what cookies you get. Most browsers also give you the right to block third party cookies. It is possible to tell your browser to block all cookies from being set. You can access your cookie set-up in the settings of your internet browser.

a)     Use of third-party cookies

We may use external services such as Google Analytics, Facebook, LinkedIn, Instagram, and Twitter to display certain content on our website.

By way of example, Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets several cookies to evaluate your use of our site and enable the site owner to carry out actions including (but not limited to):

  • Tracking the number of visitors to the relevant website.
  • Monitoring the number of users on the relevant website at any given time.
  • Analysing popular content on the relevant website.

b)     Analytics information

As mentioned, we may use external services such as Google Analytics, Facebook, LinkedIn, and Twitter to display certain content on our website. We cannot prevent such websites from collecting information about your usage of their services, for example: the number of plays of a video, how many visits to the website and accessing location data, etc.

Google will use this information for the purpose of evaluating your use of our websites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

c)      Location data

When you access the Service by, or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to us information about how you browse and use the service. Some features of the service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

11)  Your right

Under the Data Protection Law, data subjects have the following rights with regards to their personal information. The right to

  • access personal data and supplementary information
  • automated decision making and profiling
  • be informed about the collection and the use of their personal data
  • complain to the Information Commissioner (https://oicjersey.org/)
  • data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
  • erasure (to be forgotten) in certain circumstances
  • have inaccurate personal data rectified, or completed if it is incomplete
  • object to processing in certain circumstances
  • restrict processing in certain circumstances
  • withdraw consent at any time (where relevant)

If you object to processing or withdraw your consent, this may affect our ability to deliver services to you.

12)  Changes to the Notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.

We keep our Privacy Policy under regular review and, therefore, maybe updated from time to time to reflect changes in the law and/or our privacy practices. Any changes we make to our Privacy Policy will be posted on this page. Accordingly, please continue to review the Privacy Policy whenever accessing or using the website. If at any time you do not wish to accept the Privacy Policy, you should cease to use the website immediately.