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Terms of service

Terms of Service

This is the privacy notice of COM Fitness LTD. In this document, "we", "our", or "us" refer to COM Fitness, COM Fit LTD or carolineomahony.com.

This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Introduction

  1. We take the protection of your privacy and databases seriously. We process different categories of your personal information, and to notify you of the basis for each category. 
  • If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
  • If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
    1. The information we process because of confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
    2. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
    3. Our policy complies with the Data Protection Act 2018 (Act) accordingly, incorporating the EU General Data Protection Regulation (GDPR).
    4. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org.
    5. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

    The bases on which we process information about you

    1. The law requires us to determine under which of six definitions we have a contractual obligation with you. When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

    In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

    We may use it in order to:

    1.1. Verify your identity for security purposes,

    1.2. Sell products to you,

    1.3. Provide you with our services,

    1.4. Provide you with suggestions and advice on products, services and how to obtain the most from using our website

    We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

    Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

    We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

    Information we process with your consent

    Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you with more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

    Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

    Sometimes you might give your consent implicitly, such as when you send us a message by email to which you would reasonably expect us to reply.

    Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

    If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

    We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

    You may withdraw your consent at any time by instructing us carolineomahonyfitness@gmai.com. However, if you do so, you may not be able to use our website or our services further.

    Information we process for the purposes of legitimate interests

    We may process your information on the basis that there is legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to:

    • Whether the same objective could be achieved through other means,
    • Whether processing (or not processing) might cause you harm
    • Whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

    For example, we may process your data on this basis for the purposes of:

    • Record-keeping for the proper and necessary administration of COM Fitness. Responding to unsolicited communication from you to which we believe you would expect a response
    • Protecting and asserting the legal rights of any party
    • Insuring against or obtaining professional advice that is required to manage COM Fitness risk
    • Protecting your interests where we believe we have a duty to do so.
    1. Information we process because we have a legal obligation

    We are subjected to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

    This may include your personal information.

    1. Information provided on the understanding that it will be shared with a third party

    Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

    Examples include:

    2.1. Posting a message our forum

    2.2. Tagging an image

    2.3. Clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

    In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed or shared. We do store it, and we reserve a right to use it in the future in any way we decide.

    Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

    Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at carolineomahonyfitness@gmai.com.

    1. Complaints regarding content on our website

    If you complain about any of the content on our website, we shall investigate your complaint.

    If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

    Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

    If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

    1. Information relating to your method of payment

    Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

    At the point of payment, you are transferred to a secure page on the website of PayPay/Stripe or any other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

    1. Sending a message to our support team

    When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.

    We record your request and our reply in order to increase the efficiency of our business

    We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

    1. Cookies

    Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

    Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

    Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

    Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

    When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

    If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

    We use cookies in the following ways:

    3.1. To track how you use our website,

    3.2. To record whether you have seen specific messages we display on our website,

    3.3. To keep you signed in our site,

    3.4. To record your answers to surveys and questionnaires on our site while you complete them,

    3.5. To record the conversation thread during a live chat with our support tea,

    1. Removal of your information

    If you wish us to remove personally identifiable information from our website, you may contact us at carolineomahonyfitness@gmai.com.

    This may limit the service we can provide to you.

    1. Verification of your information

    When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information

    1. Review of this privacy policy

    We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

    If you have any questions regarding our privacy policy, please contact us.


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