Effective Date: May 25, 2018
We are ProCoach Nutrition | GN Media Group of 57b Chapel Road, Worthing, West Sussex, BN11 1HW, England, United Kingdom. (“ProCoach Nutrition”, “FitBody Formula”, "GN Media Group", “The Company”, “Company”, or “we”, “us”, “our”).
We recognize the importance of privacy and the sensitivity of personal information (defined below). We respect your privacy and are serious about protecting your privacy and providing you with and explanation of our practices concerning privacy, and how they may pertain to you as a user of our websites, platforms and services in a clear, concise and transparent manner.
“You” or “Your” means you as a participant in or as a user, customer, client or member of our Websites, Platforms and Services both online and offline.
The Company is subject to various privacy statutes, including The Data Protection Act 2018 and the European Unions General Data Protection Regulation (GDPR) collectively, the “Privacy Laws”
This policy describes how we use Personal Data, with whom we share it, your rights and choices, and how you can contact us about our privacy practices.
This policy does not apply to third-party websites, products, or services, even if they link to our Services or Sites, and you should consider the privacy practices of those third-parties carefully.
Before disclosing information to us, please familiarise yourself with our privacy practices so you can understand how your information may be used by The Company.
Your Privacy Rights
Under the Privacy Laws, The Company is required to collect, use and disclose personal information only by lawful and fair means. To ensure this accountability, we have developed this policy, and trained our staff about our policies and practices.
Personal information is any information that identifies you, or by which your identity could be deduced.
What Types of Services does The Company Offer?
The Company offers the following types of services:
- The Company’s Nutrition Coaching Program - Online Coaching for Individuals
This is a program whereby individuals join our online ProCoach Nutrition Coaching Program for fitness and nutrition coaching by The Company’s own coaches. The Company is the controller and processor of the personal information collected for this program.
- The Use of Third Party Online Software Platform To Deliver Our Program To Our Clients
We use a third party online software platform provider “Precision Nutrition” to deliver curriculum, materials, tools, nutrition programs and communications for our coaching their clients.
The third party online software platform provider and our clients have separate contractual arrangements between them for the coaching services of the ProCoach Nutrition program.
There are two aspects to data handling in this situation to note:
- With respect to the personal information that The Company collects about the clients themselves, The Company is the controller and processor of the data.
- Where The Company asks a client to set up an account with the online software platform provider to follow the program, with respect to the personal information that the online software platform provider receives from that client, the online software platform provider is the processor of the client data, but The Company is the controller of the data about our clients.
- With respect to the personal information that The Company collects about the clients themselves, The Company is the controller and processor of the data.
What types of personal information do we collect?
If you sign up for our The Company’s ProCoach Nutrition Coaching Program, you will be required to provide your name, email address, and mobile phone number. At the time of registration you will be asked to provide payment card information (including your credit card number, expiry date, and CVC/CVV) in order to register; however, this payment card information is sent directly to our payment card processor.
The Company only receives a random electronic token over an encrypted connection from the payment processor that confirms the transaction has been completed. We do not receive a copy of your payment card information.
As client of The Company, we will forward your name, email address and program type to the online software platform provider to enable them to invite you to sign up.
If you have registered for the The Company’s Nutrition Coaching Program you will need to provide additional information such as alternate contact information, your full home address, date of birth, gender, ethnicity, physical measurements or attributes, and other more detailed information about your lifestyle (including but not limited to: employment, preferences, habits, personal routine) in order create a program account. The Company will also collect limited medical information about your health and well-being in order to better assess and develop a structured coaching program to help you meet your fitness and health goals. This additional information is considered sensitive data, and is treated as such, requiring your explicit consent for us to collect this information. We will also require confirmation from you that your doctor has approved your following our program or if you are not able to provide this confirmation, we will require that you sign this a medical waiver, which will be supplied to you at the time of collection of your personal information.
As a tool to help you assess your progress, The Company will ask you to upload photographs of yourself periodically and to provide your measurements, including girth measurements and weight (around once a month). Uploading of photographs is optional and you can request that they be anonymized. The measurement recording feature is similarly optional. You can choose to stop uploading photos or providing measurements at any time. Should you choose to upload photos or measurements, these photos will only be viewed by The Company coaching staff or, if these photos have been requested by your personal ProCoach coach, then they may be viewed by your ProCoach and will not be otherwise used or disclosed unless you provide your express permission for The Company to do so.
If you register for either of our The Company Nutrition Programs, we may need your shipping address in order to provide you with offline resources and extra support materials for you program.
We will also ask you to provide other information around your experience and credentials as a health and fitness professional.
If you are purchasing any of our PN Guides, we will need your full name, company, phone number(s), email, and shipping and billing address in order to effect the transaction and send you the product.
As noted above, our third party payment processor will collect payment card information directly from you on our behalf, but we will receive a random electronic token confirming the transaction. In addition, The Company will ask if you are a fitness professional or if you otherwise work in fitness.
Our products and services are not intended for or available to children under the age of 18 years. If you are under the age of 18 years, please exit our website.
When will we collect personal information from you?
We will collect information that you provide to us when you:
- register and create an account as requested by The Company;
- register and create an account for our men or women's ProCoach Nutrition Coaching Programs;
- register and create an account with online software platform provider “Precision Nutrition” to allow The Company to deliver our ProCoach Nutrition Program;
- make changes to your user profile information (for our The Company Nutrition Programs, for your use of the Precision Nutrition Online Software Platform as requested by The Company, and for The ProCoach Nutrition Coaching Program;
- purchase any of the PN Guides;
- complete offers or surveys through the use of our services;
- enter our annual cash prize giveaway (if you are eligible as a member of our The Company Nutrition Coaching Program); and
- send email messages, queries, or other information to us, including posting our website's Member's Only Forums.
Wherever possible, we collect personal information directly from you.
As noted above, we will collect your name, email and program selection information directly and pass to online software platform provider “Precision Nutrition” in order to contact you to create an account.
Where applicable, we may also obtain information about you from other sources. That is, if you register for our The Company Nutrition Coaching Program via a third-party social media network, you authorize The Company to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your The Company Nutrition Coaching Program user profile.
Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers. For example, if you join the ProCoach Nutrition FaceBook Group associated with The Company Nutrition Coaching Program, we and other users of FaceBook may be able to view your profile and the posts you submit, depending on your privacy settings. Your use of third-party platforms remains subject to the terms and conditions and privacy policies of such platforms, such as FaceBook’s Terms of Service available here and Data Policy available here.
Why do we collect and use your personal information?
We collect personal information from you to:
- Learn about you and your fitness goals and other related objectives to help you achieve them;
- Create a unique profile on our website in order to provide relevant and targeted offers to you;
- Send you a additional support materials, and provide you with other learning materials that are required for you to complete your program.
- Send you the The Company Nutrition Guides and/or the book Gourmet Nutrition if you have purchased them (“PN Guides”);
- Include you in our annual cash prize giveaway if you have signed up for our men or women's The Company Nutrition Coaching Program and are eligible to enter this promotion;
- Better understand your preferences and tailor offers and services to you based on those preferences;
- Conduct research and contribute publications to medical and scientific journals aimed at furthering the field of exercise and nutrition science (this data is aggregate or rendered anonymous);
- Better understand our website usage and trends, to improve our service performance, and build knowledge around user attitudes and motivations around health and fitness;
- Process transactions for goods and services that you have purchased from us.
Lawful Bases for Processing of Personal Information
We use the personal information we collect about you:
(a) to fulfil a contract, or take steps linked to a contract, in particular, in order to: provide you with our products and services, including their billing, payment processing, activation, supply, maintenance, support, trouble shooting, deactivation and upgrade or update as well as resolution of disputes over products and services; or enter into, and perform, an employment contract with you;
(b) where this is necessary for purposes which are in our, or third parties’, legitimate interests. These interests are:
- understanding and meeting your usage needs and preferences for our products and services notably by:
- using information collected to ensure that our products and services are technically functioning as intended;
- fulfilling or enforcing any agreements or notices that are associated with any of our particular products or services;
- managing or responding to your inquiries;
- identifying the features or products and services that are most valued and to identify gaps or shortfalls in our product and services offerings so we can develop new products and services and enhance existing ones;
- managing our business and operations, for example:
- to detect, monitor, investigate, mitigate, or attempt to prevent fraud and technical or security issues or to protect our products, services and property;
- to allow for business continuity and disaster recovery operations;
- to enforce our legal rights;
- for statistical purposes; and
- managing the recruitment process, in particular: making informed decisions on recruitment and ensuring your suitability for the role or to keep you in mind for future roles; answering your enquiries; and improving our recruitment processes and activities.
(c) to meet legal and regulatory requirements, all applicable laws and to respond to emergency situations, including:
- responding to court orders, warrants or other lawful requests or legal processes;
- detecting, preventing and suppressing unauthorized or detrimental use of our site, products or services; and
- providing emergency assistance in situations that may threaten the life or physical safety of you or others.
(d) where you give us your consent, for example:
- If you request further information about our services;
- sign up for our free courses or resources;
- or you request to be added to our presale list to get early notification for when our programs open for registration;
- you are required to provide consent for us to process personal information in the form of your name, email address, and an optional SMS phone number.
- You consent by providing this information to us, and in some cases further acknowledge by the double opt-in confirmation.
- If at any time you wish to remove your name, email address, or SMS number from our system, you can unsubscribe from some or all messages from us by clicking the unsubscribe link, or by contacting our Privacy Officer at [email protected];
- If you register for our coaching programs, we require explicit consent from you to process your personal information and sensitive data by affirmatively acknowledging your consent through ticking checkboxes in your program Intake Form. This includes consent for:
- The collection of potentially sensitive categories of data, like race/ethnicity and health-related data;
- Sending you daily or weekly email reminders of the next steps in the program, and when new messages or feedback arrives. You can start and stop delivery of these emails by changing a setting in the Your Info section of our application, and this will not affect our ability to deliver the contracted service;
- Collecting basic browser and operating system information to help us improve our products and services;
- Allow your data to be used anonymously for research purposes
- Recording your IP address to monitor and confirm access to our systems;
- Deriving and storing your time zone from an address you provide; and
- If you wish that we send to you information about similar products and services that we think may be of interest to you.
You may withdraw your consent at any time by contacting us using the details provided below.
Disclosure of your Personal Information
We do not sell, rent or otherwise disclose any additional personal information to any third-party to enable them to market their products and services.
We will be able to access and review the following information to assess your progress and use this information to help you reach your fitness goals: Social Media Username / Profile, Gender, Age, Weight, Prescription Medication Information, Health History (including diagnosed health problems), Food Allergies, Ethnic Heritage, Alcohol Consumption, Cigarette Use, Diet and Nutritional Info, Nutritional Supplement Info, Exercise Info, Employment Status and Position, Status as Student, Whether a caregiver, Marital Status, Number of Children, Stress Information, Photos of Individual (front, back, side, in swimwear or similar attire).
Except as described above, any information provided to any other third-parties will only be provided at the aggregate or de-identified level such that no individual can be uniquely identified or linked to the information.
Under certain circumstances, The Company will disclose your personal information:
- when we are required our authorized by law to do so, for example if a court issues a subpoena;
- when you have consented to the disclosure;
- when the services we are providing to you require us to give your information to a third-party your consent will be implied, unless you tell us otherwise;
- to a potential successor to our business and its professional advisors in connection with a merger or sale involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control;
- for the purpose of completing the transaction and continuing to provide services to you; or
- where it is necessary to establish or collect amounts owed to us.
Transfer to Service Providers
In addition to the disclosures listed above, we transfer information to our service providers for processing and/or storage. We require that our service providers use reasonable safeguards to protection personal information under their control from loss, theft and unauthorized modification and disclosure.
Our service providers are only permitted to use your personal information in order to provide these services to us; for example, the following types of information are provided to our service providers for processing and/or storage:
Information automatically collected through the website: The information automatically collected about you that is provided to our service providers may include, but is not limited to: device ID, device type, browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from our website, ad data, IP address and standard web log information.
We may need to transfer your personal information outside of your country of residence in the following circumstances:
- Where you have requested a service that is fulfilled by one of our affiliated entities located in another jurisdiction;
- Where we work with a service provider that processes or stores personal information on our behalf outside of your country of residence.
If you live in the European Economic Area (“EEA”), we may need to transfer your personal information for the reasons listed above to one of our affiliated entities or service providers located outside of the EEA.
We transfer personal information to Canada, which is the subject of an adequacy ruling by the European Commission that recognizes the level of protection that Canadian law offers in respect of personal information and permits non-employee personal information to flow from the EEA to Canada without further safeguards. We also transfer personal information to the United States, following the same processes and controls we use with the EU and Canada.
Our Privacy Officer, who is available at [email protected], can provide further information about our policies and practices regarding service providers in different jurisdictions and further information about how these service providers, collect, use, disclose or store personal information on The Company's behalf.
Cookies and Web Beacons
Information about your use of our services, as evidenced through cookies, locally stored objects, and web beacons may be disclosed to our service providers. Cookies are small bits of information that are transferred to and stored in separate files within your computer or phone's browser. A cookie may remain on your computer or phone after the session finishes (until the cookie expires or is deleted by you).
In addition, we provide the following information to third-party analytics service providers:
- Information about your activities on our website, including responses to any surveys we may administer; and
We will provide notice to you when we deploy cookies and you will have the opportunity to refuse to accept them.
Your Choices About Your Personal Information
At any time, if permitted by and subject always to the provisions of applicable data protection law, you can contact us to: stop receiving direct marketing (including, emails and hard copy materials) from us; access your personal information; where we have asked for your consent to processing, to withdraw this consent; close your account; amend or update your personal information, where possible, to ensure that it remains accurate, complete and up to date; erase your personal information; restrict your personal information; port your personal information; or object to some processing that is based on our legitimate interests, by contacting our Privacy Officer at [email protected]. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us. We will honour your request within ten business days of receipt.
Please note that if you request that we erase certain of your personal information, we may no longer be able to provide you with the products or services you have contracted for. For example, if you request that we erase your log-in credentials we will no longer be able to provide you with access to an online account on our website or app).
If you have questions about the withdrawal of your consent, please contact our Privacy Officer at [email protected]
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you before disclosing the existence, use and disclosure of your personal information. The personal information so requested will only be used for the purpose of properly identifying you.
If you contact us about your personal information, we will respond to your request within the period required by law and at minimal cost or no cost to you in accordance with local laws. Summary information is available on request. More detailed requests that require archive or other retrieval costs may be subject to our normal administrative fees.
There may be instances where we cannot comply with your request to access your rights in respect of your personal information because of exceptions contained in local laws. For example, we may need to refuse access if denial of access is required or authorized by law; if access would interfere with the safety, health or privacy of others or if access would result in a breach of confidentiality.
We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required by law, whichever is longer. For example, we may retain your personal information after we have completed our dealings with you in the following situations: judicial proceedings, to comply with local laws respecting record retention and to comply with appropriate and adequate corporate record-keeping practices. As a result, we might not be able to comply with all requests to destroy personal information.
If we cannot comply with your request to exercise your rights in respect of your personal information, we will notify you in writing to explain why and, where applicable, provide you with the relevant sections of legislation dealing with the procedure to be followed should you wish to challenge our determination.
Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data are not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the supervisory authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
Is My Personal Information Secure?
The Company takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
- premises security;
- restricted file access to personal information;
- deploying technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
Note that The Company does not use your Social Insurance Number, Social Security Number or any other government issued identification, as a way of identifying or organizing the information we hold about you.
Communicating with Us
You should be aware that email is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Request for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at: [email protected]
Or by mail at:
57b Chapel Road
Worthing, West Sussex
BN11 1HW, England, UK
If you apply to The Company for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained with our privacy procedures for employee records.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.
Last Updated: May 25, 2018