Website Terms of Use, Cookie & Privacy Policy

Introduction

1. This website (the Site) is owned and operated by Fitness Savvy of 41 Swift Drive, Bodicote, Banbury OX15 4GQ (we, us). By using the Site, you agree to be bound by these terms (the Terms) together with the privacy policy accessible in the Site (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us at [email protected].

2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

Use of the Site

3. You can view the information, images and other content within the Site (Site Content) for your own purposes, but you cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

4. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.

Site Content – DISCLAIMER

5. The copyright in all Site Content is owned by or, to the best of our knowledge, licensed to us. All rights are reserved.

6. The Site enables you to compare prices for fitness products, and to browse our content including relating to health, exercise and fitness. We prepare such Site Content with reasonable skill and care, and our intention is to include up-to-date price information and useful, informative content. However, you acknowledge that:

(a) the price comparison information within the Site Content is for information only and we do not warrant that it is accurate, complete or timely. Retailers change their prices frequently, and our price comparison information may not reflect a recent price change, change in product description or availability of the product; and

(b) fitness information is provided for information only and does not constitute advice or recommendation by Fitness Savvy. You must determine whether the Site Content is fit for your purposes and you must not use the Site Content as an alternative to any medical or therapeutic services or treatments. You should seek medical advice for medical conditions and health issues.

7. Use of the Site and the Site Content is at your own risk. The Site and the Site Content is provided on an “as is” basis. We do not warrant that any personal result or change in physical appearance will be achieved or achievable. In addition, all implied warranties, terms and conditions relating to the Site and the Site Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, performance, availability and non-infringement are excluded.

Links to third party content

8. The Site may contain links to websites or apps operated by third parties, including third parties whose price information is included on the Site. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

9. We accept no responsibility for adverts contained within the Site including third parties whose price information is included on the Site. If you agree to purchase goods and/or services from any third party who advertises or is otherwise referred to in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser. We do not endorse such third party and/or their products.

Liability and disclaimer – Your attention is particularly drawn to this section

10. Subject to Conditions 11 and 12, we are not liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site.

11. If the Site damages a device or any digital content belonging to you because of our failure to use reasonable care and skill, we will either repair the damage or pay you compensation up to £50.

12. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

Availability

13. There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Site may be subject to breaches of security.

14. We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

General

15. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

16. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site.

17. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site Content please follow this link http://ec.europa.eu/odr.

19. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

20. Fitness Savvy is an Amazon Associate. As such, we earn commissions from qualifying purchases.

Last updated: February 2020

Privacy & Cookie Policy

Introduction

This Privacy & Cookie Policy details how we, Fitness Savvy Limited of 41 Swift Drive, Bodicote, Banbury OX15 4GQ (we, us) collect, use and process personal data provided to us. This Privacy & Cookie Policy affects your legal rights and obligations so please read it carefully. If you do not agree to be bound by this Privacy Policy, do not use provide any personal data to us. If you have any questions, you can contact us at [email protected].

We reserve the right to update this Privacy Policy from time to time at our discretion. If we do so, and the changes substantially affect your rights or obligations, we shall notify you if we have your email address. Otherwise, you are responsible for regularly reviewing this Privacy & Cookie Policy so that you are aware of any changes to it.

We are the controller of your personal data for the purposes of applicable data protection legislation. By personal data we mean identifiable information about you, such as your name, email address, gender, mobile and home telephone number and your IP address.

Collecting Personal Data

From time to time you may provide to us personal data. This may be because you wish to use our website, apply for our scholarship programme, apply for a job with us, provide services to us, apply to write for us or otherwise contact us. You may provide personal data to us directly, or to us through our social media platforms.

We shall process all such personal data in accordance with this Privacy & Cookie Policy. Certain personal data is mandatory to be provided to us in order that we can fulfil your request or provide services to you and we shall make this clear to you at the point of collection of the personal data.

All personal data that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal data. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this and we may also report this.

When you contact us by email or post, we may keep a record of the correspondence and we may also record any telephone call we have with you.

Data we collect automatically

When you use our website, we, or third parties on our behalf, automatically collect and store information about your device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your mobile device’s geographic location; (c) your IP address; (d) technical information about your device such as type of device, web browser or operating system; (e) your preferences and settings such as time zone and language; (f) how long you used the website and which pages you visited and features you used. We collect this information using cookies in accordance with the Cookie section of this Privacy & Cookie Policy and we use the information we collect on an anonymous basis to improve our website and services, and for analytical and research purposes.

Lawful Use of your personal data

We will only use your personal data where we have a lawful basis to do so. The lawful purposes that we rely on under this Privacy & Cookie Policy are: consent (where you choose to provide it), performance of our contract with you; compliance with legal requirements; and legitimate interests. When we refer to legitimate interests we mean our legitimate business interests in the normal running of our business which do not materially impact your rights, freedom or interests.

We will use your personal data to provide services to you under our website Terms of Use or to consider and respond to your application to write for us or your application to our scholarship programme. If you apply to our scholarship programme, you agree that for our legitimate interests, we may continue to contact you in respect of our business and opportunities for you within our business even if you are not awarded a scholarship. You can ask us to stop contacting you at any time.

We may also use your personal data for our legitimate interests, including dealing with any comments or questions you have generally, for regulatory and legal purposes, for audit purposes and to contact you about changes to this Privacy & Cookie Policy.

Who do we share your data with?

For our legitimate interests, we may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including marketing agencies, IT service providers, accountants, auditors and lawyers. We shall provide our service providers, sub-contractors and agents only with such of your personal data as they need to provide the service for us and if we stop using their services, we shall request that they delete your personal data or make it anonymous within their systems.

In order to comply with our legal obligations, under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations or in response to a court order including to protect a third party’s rights, property, or safety.

For our legitimate interests, we may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

Marketing

From time to time for our legitimate interests, we may send you marketing emails. You can choose to no longer receive marketing emails from us by contacting us at [email protected]. or by clicking unsubscribe from a marketing email. If you do unsubscribe to marketing communications, it may take up to 5 business days for your new preferences to take effect.

We shall therefore retain your personal data in our records for marketing purposes until you notify us that you no longer wish to receive marketing emails from us.

Where we hold and process your personal data

Some or all of your personal data may be stored or transferred outside of the European Economic Area (the EEA) for any reason, including for example, if our email server is located in a country outside the EEA or if any of our service providers are based outside of the EEA

Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for personal data or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).

Cookies

A cookie is a small text file containing a unique identification number that is transferred (through your browser) from a website to the hard drive of your computer. The cookie identifies your browser but will not let a website know any personal data about you, such as your name and/or address. These files are then used by websites to identify when users revisit that website.

Our website does not currently use cookies except third party ad network cookies for the purposes of Section 3 and Google Analytics.

We use Google Analytics to monitor how the Site is used. Google Analytics collects information anonymously and generates reports detailing information such as the number of visits to the Site, where visitors generally came from, how long they stayed on the Site, and which pages they visited. Google Analytics places several persistent cookies on your computer’s hard drive. These do not collect any personal data. If you do not agree to this you can disable persistent cookies in your browser. This will prevent Google Analytics from logging your visits.

We also use social media buttons and/or plugins on the site that allow you to connect with your social network in various ways. For these to work the relevant social media sites (Facebook, Twitter, and Instagram) will set cookies which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

You can control and/or delete cookies as you wish – for details, see AllAboutCookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

Security

We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers.

However, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.

Your rights

You have a number of rights under applicable data protection legislation. Some of these rights are complex, and not all of the details have been included below. Further information can be found here

Right of access: You have the right to obtain from us a copy of the personal data that we hold for you.
Right to rectification: You can require us to correct errors in the personal data that we process for you if it is inaccurate, incomplete or out of date.
Right to portability: You can request that we transfer your personal data to another provider.
Right to restriction of processing: In certain circumstances, you have the right to require that we restrict the processing of your personal information.
Right to be forgotten: You also have the right at any time to require that we delete the personal data that we hold for you, where it is no longer necessary for us to hold it. However, whilst we respect your right to be forgotten, we may still retain your personal data in accordance with applicable laws.
Right to stop receiving marketing information: You can ask us to stop sending you information about our services, but please note we shall continue to contact you in relation to any matters relating to your account.

Please note, we reserve the right to charge an administrative fee if your request in relation to your rights is manifestly unfounded or excessive.

If you have any complaints in relation to this Privacy & Cookies Policy or otherwise in relation to our processing of your personal data, please tell us. We shall review and investigate your complaint and try to get back to you within a reasonable time. You can also contact the Information Commissioner, see www.ico.org.uk or if you are based outside of the United Kingdom, please contact your local regulatory authority

Our website contains many links to third party websites where you can purchase goods or services. We have no control over how the sellers of these goods or services process your personal data. You should review their privacy policy before providing any personal data to them.

Retention of personal data

We retain your personal data in accordance with applicable laws. The length of time we retain it is determined by a number of factors, including the purpose for collecting the information, and our requirements under accounting and taxation requirements. However, we do not retain your data for any longer than is necessary. If you receive marketing communications from us, we shall retain your personal data until you opt out of receiving such communications. Personal Data processed for our legitimate interests shall be retained as long as needed to fulfil such purposes.

General

If any provision of this Privacy & Cookie Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

This Privacy & Cookie Policy shall be governed by and construed in accordance with the law of England and Wales, and you agree to submit to the exclusive

Last updated: October 2018