Privacy Policy

April 2020

We, at Rachel Fitness, respect your privacy and take great care in safeguarding and protecting Personal Information (as defined below) that is provided us in the course of our operations, including the operation of the following websites (together the “Websites” and each, a “Website”): (i)https://rachelfitness.com.

The purpose of this privacy statement (“Privacy Statement”) is to inform you about Rachel Fitness’s (together with our affiliates and subsidiaries, collectively, “us” or “we”) information practices, including:

the types of Personal Information we collect, use and disclose;
how we collect, use and disclose Personal Information;
the choices you have regarding such collection, use and disclosure; and
how you may correct your Personal Information that is in our possession/custody.

By visiting the Websites, purchasing products on the Websites, submitting information through the Websites or otherwise providing us with Personal Information, such as in-person at one of our stores, you acknowledge that you accept the practices and policies outlined in this Privacy Statement and our Terms of Use. If you do not agree with this Privacy Statement or our Terms of Use, please do not use the Websites or provide us with Personal Information.

This Privacy Statement and our Terms and Conditions are available on the Websites and on request by contacting the Privacy Officer via the contact information set out below under the heading “Contacting Us”. As this Privacy Statement may be amended from time-to-time, you should check the Websites or contact us for an updated version of this document, on a regular basis. The date on which this Privacy Statement was last amended is located in the top, right-hand corner of this page.

What is personal information?

Personal Information is any information that refers to an identifiable individual, regardless of the form of such information, including, for example, an individual’s:

name,
date of birth,
contact information, such as email address, mailing address and telephone number (but not contact information for individuals in their business capacity - e.g. your work email);
health-related information (e.g. current and previous health conditions); and
financial information (e.g. credit card number),
(collectively, “Personal Information”)

You may provide us with Personal Information about:

yourself;
a family member (e.g. such as in the course of booking an appointment for your child who is a minor); or
a friend (such as in the course of booking an appointment for a friend).

Collection of personal information

We will always collect Personal Information by fair and lawful means. We collect Personal Information from you directly or from a third-party where permitted by applicable law (i.e. where we have obtained or that third-party has obtained your consent to do so). Generally, however, we collect Personal Information from you directly, on a voluntary basis, through your use of a Website or your receipt of services at one of our locations. For example:

if you wish to sign-up to receive newsletters or emails through the Websites, you will be required to provide us with your name and email address; or
The Websites must only be used by individuals who are able to provide meaningful consent. In the event that an individual who is under the age of 13 wishes to use a Website, the consent of such individual’s parent or guardian is required.

Purpose of collection

Generally, we identify the purposes for which we use Personal Information at the time we collect it and obtain your consent, in any case, prior to using or disclosing such information. We generally use Personal Information for the following purposes (collectively, the “Purposes”):

to register or administer your account and/or customer profile (online and in-store);
to respond to your requests, complaints and/or inquiries;
to process your orders, keep track of your purchases, shopping patterns, account activity and payment history;
to provide you with information about our products and/or services;
to notify you about our offers, promotions and/or contests;
to administer specific functions of the Websites;
to help us improve the Websites and our service-delivery (online and in-store);
for research purposes, provided that Personal Information will be aggregated and de-identified (i.e. such that the information is no longer “Personal Information” as it does not identify the individual to whom it relates) prior to the results of any such research being disclosed;
for such other purposes for which we obtain consent from time-to-time; and
as otherwise required or permitted by applicable law.

Consent for collection, use and disclosure

We generally obtain your consent prior to collecting, and in any case, prior to using or disclosing any Personal Information that is provided to us for any purpose.

We will collect, use or disclose your Personal Information only with your knowledge and consent or where we are otherwise required or permitted by applicable law to do so.

We may obtain consent to collect, use or disclosure Personal Information orally or in writing, and such consent may be express (i.e. your written consent) or implied. Implied consent is obtained in a number of ways, including where a customer relationship already exists, express consent has previously been given, or the purpose of using the Personal Information is reasonably apparent to you. The form of consent that we seek from you, including whether it is express or implied, will largely depend on the sensitivity of the Personal Information and the reasonable expectations that you have regarding consent in such circumstances.

Limiting use, disclosure and retention

We only use your Personal Information for the Purposes and will only share your Personal Information on a “need-to-know” basis (e.g. where required in order to fulfill a Purpose(s)). We may also permit our third-party service providers to access, use and disclose your Personal Information where such third-parties have been retained to assist us with the Purposes (e.g. service providers that provide us with technical support). However, prior to permitting third-parties to access your Personal Information, we require that such parties enter into a written agreement with us to safeguard and protect your Personal Information in a manner that is consistent with this Privacy Statement and with applicable laws.

We will use, disclose and retain Personal Information that you provide to us for as long as necessary to fulfill the Purpose(s) for which that Personal Information was collected, and in any case, as permitted or required by applicable laws.

Storage

We may also send your Personal Information outside of the US for the Purpose, including for processing and storage. In doing so, we require that any third-parties involved in such process (e.g. companies hosting Personal Information) enter into a written agreement with us to safeguard and protect your Personal Information in a manner that is consistent with this Privacy Statement and applicable laws. However, you should note that to the extent that any Personal Information is transferred outside of the US, it is then subject to the laws of the jurisdiction to which it is transferred, and may be subject to disclosure to the governments, courts, law enforcement or regulatory agencies of such other jurisdiction pursuant to the laws applicable therein. For written information about our policies and practices regarding the use of service providers outside of the US, please contact our Privacy Officer via the contact information set out below under the heading, “Contacting Us”.

Accuracy and access

We will keep your Personal Information as accurate, complete and up-to-date as is reasonably possible for the Purposes. We will not routinely update your Personal Information unless it is necessary to do so. We expect you to supply us with written updates to your Personal Information, as required, by providing us with an updated medical questionnaire. Where appropriate, we will transmit the amended information to third-parties having access to your Personal Information (e.g. service providers).

You may request access to any Personal Information we have on record about you in order to review and request an amendment to such information. Where it is successfully demonstrated that Personal Information in our records is incomplete and/or inaccurate, we will amend such information in order to ensure that it is complete and accurate. In circumstances where your Personal Information has been provided to a third-party, we will refer you to that party (e.g. credit bureau) for correction purposes.

If you make a written request to review any Personal Information about you that is in our custody/possession, we will provide you with such Personal Information to the extent permitted by applicable law. We will attempt to make such Personal Information available to you in a form that is generally understandable, and will explain any abbreviations or codes used therein.

Safeguards and accountability

We have implemented physical, organizational, contractual and technological security measures in an effort to protect Personal Information against loss, theft and unauthorized access, disclosure, copying, use and/or modification. For example, Personal Information is safeguarded through the use of the following measures:

physical security measures, such as restricted access to facilities (e.g. locked areas) and appropriate disposal of Personal Information (e.g. shredding);
contractual security measures (e.g. imposing privacy obligations on third-party service providers); and
electronic security measures, such a password protection, for accessing Personal Information transmitted or stored in electronic format.

We are responsible for Personal Information in our custody/possession, including the use of such Personal Information by third-party service providers to whom we provide such information (e.g. third-party shredding companies, storage companies). Please see above under the heading “Limiting Use, Disclosure and Retention” for further information regarding the restrictions on third-party use of your Personal Information.

Please note that Personal Information that you post on our message boards, chat rooms or other public spaces of the Website, may be viewed by anyone visiting these areas and, as such, fall outside this Privacy Statement and are therefore not subject to our protection or safeguarding processes.

Cookies and web beacons

Cookies are small text files that embed themselves on your hard drive from some of the pages of the Websites. Cookies are harmless in the sense that they cannot extract any information from your hard drive, over which you have complete control. We use cookies to determine traffic on the Websites, convey useful information about your interests, and to personalize any future visits you make to a Website. Cookies do not systematically provide us with any Personal Information about you, and you can opt to stop receiving cookies at any time by simply modifying your browser’s configuration.

We also use web beacons, which are small strings of code that are placed in a page of a Website or in an email message. They are sometimes called “clear GIFs” (Graphic Interchange Format) or “pixel tags”. When you visit a particular page of a Website, web beacons notify us of your visit. Since web beacons are used in combination with cookies, if you disable cookies the web beacons will only detect an anonymous website visit. When used in an email, web beacons enable us to know whether you have received the email.

Links to other websites

The Websites may contain links to sites other than the Websites. Such external sites may have their own privacy policy, or no privacy policy at all. We are not responsible for those sites, and we provide these links solely for the convenience of visitors to the Websites. These sites may send their own cookies to you and may collect information and/or use it in a way inconsistent with this Privacy Statement. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing them with any Personal Information. We do not control the content that appears on third-party sites and disclaim any and all responsibility for the content of such websites. Also, reference to third-party websites should not be implied to be an endorsement or recommendation of such sites or the third-party ’s products or services.

Contacting us

For anything to do with this Privacy Statement, including questions, comments, concerns, complaints, to withdraw your consent, or request an amendment to your Personal Information, please contact our Privacy Officer by email: shop@rachelfitness.com.