Privacy

  1. About us
  2. Who this privacy notice applies to
  3. How we obtain your personal data
  4. The type of personal data we process
  5. How we will use your personal data and the legal basis for using that personal data
  6. Marketing
  7. Who we share your personal data with
  8. How long we will hold onto your data
  9. Your data protection rights
  10. Sending your personal data outside of the EEA
  11. How to complain
  12. Changes to this notice

1. About us

Ultimate Performance was founded on the belief that excellence and achievement don’t happen by accident, but through the rigorous application of intelligent process and what we like to term “educated effort”. Our goals are very simple – to help our clients achieve their dreams through the highest level of personal training and overall fitness coaching. For us, nothing else counts, and our business is run as a direct reflection of that singular aim. This privacy notice outlines how we process personal data in order to achieve this aim. 

Ultimate Performance Fitness (UP Fitness Ltd) is a data controller of the personal data it collects and holds about you. We are registered with the Information Commissioner’s Office under the registration number ZA215042. 

If you require any further information, or wish to contact us about how we collect and store your personal data, our contact details are:

Address: 3rd Floor Acresfields, 8 – 10 Exchange Street, Manchester, England, M2 7HA

Email: [email protected] 

2. Who this privacy notice applies to

This privacy notice explains how we will use the personal data of anyone who:

  • Contacts us to enquire about our products and services
  • Subscribes to our newsletters or to receive information about our promotions or offers
  • Undertakes a personal training programme with a UP Fitness trainer
  • Makes purchases through our application and website (e.g. supplements, EatUP)

3. How we obtain your personal data

We collect and process your personal data when you:

  • Complete a contact us form on our website or application
  • Subscribe to our newsletters or to receive information about our promotions or offers
  • Complete PARQ and UPQ questionnaires 
  • Provide ongoing measurements to track progress and performance (e.g. weight, body fat) 
  • Provide information on training progress (e.g. volume, frequency)
  • Integrate information collected by third party applications, such as FitBit or HealthKit
  • Directly message your trainer through our application 
  • Purchase products or services through our application or website
  • Provide comparison photographs or video testimonials
  • Complete surveys or questionnaires

4. The type of personal data we process

You as an individual Full name and title Email address, home address and telephone numbers, Gender, Date of birth, Nationality, Country of residence, UPF gym location, Occupation, Progress, photographs, Video testimonials, Written testimonials, Religious information, Emergency contact details, Ethnicity
Your health / fitness information Height, Weight, Body fat, Lean body mass, Calliper measurements, Girth measurements, Body prophet priorities, Blood pressure, Heart rate, Sleep quality, Mental health concerns or issues, Diet, Mood, Allergies and dietary restrictions, Injuries
Training data Volume, Frequency, Intensity
Your financial details (if applicable) Credit card details
Your preferences Whether you with to receive marketing from us and which types of marketing material you would like to receive
Your correspondence Information contained in any correspondence or communications sent by you (e.g. contact us form, direct messages to trainers on the UP Fitness application)

5. How we will use your personal data and the legal basis for using that personal data

Performance of our contract with you
To enter into and perform contracts, where we supply products/services to you  We will use your personal data to: Create a tailored training programme and monitor your progress to ensure the programme is effective
Track your bookings and visit history
Provide you with access to online content (e.g. LiveUP)
To process your orders and supply products to you (EatUP orders, eCommerce orders)
To manage payments, fees, charges and collect/recover money owed to us
Enable our business and pursue our legitimate interests
To administer the sales process We will process your personal data as part of the sales process to ensure the process is managed correctly
To monitor messages on the UP Fitness application between trainers and their clients We will use your personal data to ensure illegal activity is not taking place which may put our trainers at risk
To track the performance of clients and trainers We will use your personal data to ensure our training programmes have been created
To track ongoing performance measurements We will process your personal data to identify if the training programme is working effectively (e.g. decrease / increase in weight)
To take progress photographs We will use the app to take regular photographs of you in order to track your progress through our training programme
To undertake surveys We will use your personal data to send you surveys. You are not obliged to answer them
To market to individuals If you have purchased similar services or products from us previously, we may market similar products or services as a legitimate interest in developing our business.  You have the right to opt out from such marketing at any time. For more details see the ‘Marketing’ section below.
Consent
To market to individuals We will ask for your consent to process your personal data in order to send marketing material to you. You have the right to withdraw consent at any time (see section 6 – Marketing). 
To use photographs or videos in promotional material We will ask for your consent to use your photographs or videos in promotional material. You have the right to withdraw consent at any time (see section 6 – Marketing).
Legal obligations
To ensure we comply with health and safety requirements We will process your personal data to highlight any health concerns before you begin a training programme with us 
To defend, bring or establish legal claims  We may be required to process your personal data in order to deal with queries, complaints, claims and/or legal disputes submitted by you

6. Marketing

We may ask you, when you provide us with your personal data, if you are happy for us to contact you by telephone, post, email or SMS about products or services offered by us which we think may be of interest to you. 

We will always include an unsubscribe button in any marketing emails. If you do wish to unsubscribe, please just click the unsubscribe button and we will promptly action that request. Alternatively, you can update your marketing preferences by contacting us at any-time by email at [email protected]

7. Who we share your personal data with

We value your personal data and do not sell your information to third parties in any circumstances. We share your personal data with trainers, contractors and employees in the country where you train to administer your training programme, your account, and any products and services provided to you now or in the future.

Personal data may be shared with government authorities and/or law enforcement officials if mandated by law or if required for the legal protection of our legitimate interests and in compliance with applicable laws.

8. How long we will hold onto your data

We will hold your personal data for as long as we need it for the purpose for which we collected it. We keep your contact and identification details, usage and attendance details and information about your personal circumstances during your time with us and for seven years after it ends so we can respond in the event of any query about your training programme. We may keep certain information for longer than this if we have a compelling reason for keeping it (e.g. defence of a legal claim).

9. Your data protection rights

You have a number of rights over how your personal data is processed. These include the right to:

  • ask us for copies of your personal information
  • ask us to rectify information you think is inaccurate or to ask us to complete information you think is incomplete
  • ask us to erase your personal information in certain circumstances
  • ask us to restrict the processing of your information in certain circumstances
  • to object to processing if we are able to process your information because it is in our legitimate interests
  • ask that we transfer the information you gave us from one organisation to another, or give it to you, in certain circumstances

The extent of these rights are limited by law and we may not act on part or all of your request(s) where the right(s) are not applicable. If we do not act on your request, we will explain our reasons why. In most cases, we will respond to your request within one month. 

More information can be found on the Information Commissioner’s Office website.

10. Sending your personal data outside of the EEA

If you use our services within the European Economic Area (EEA) we may transfer your personal data outside of the EEA. 

Where we transfer your personal data outside of the EEA, we will create and maintain appropriate safeguards so that your personal data is subject to the same standards and protections as when we are processing your personal data inside the EEA.

11. How to complain

We work to high standards when it comes to processing your personal data. If you have queries or concerns, please contact us at [email protected] and we’ll respond.

If you remain dissatisfied, you can make a complaint about the way we process your personal information to the Information Commissioner’s Office

12. Changes to this notice

We may update this Notice from time to time. When we change this Notice in a material way, we will update the version date at the bottom of this Notice. For significant changes to this Notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal data.