Privacy policy - Anytime Fitness

Diggecard UK Limited Privacy Policy

Effective: November 06, 2024

Introduction

Diggecard UK Limited (“Diggecard”, “we”), incorporated and registered in England and Wales with company registration number 11448044 whose registered address is Crowthorne House, Nine Mile Ride, Wokingham, RG40 3GE, England is the controller and responsible for this website and the processing of your data.

Diggecard respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This website is not intended for children and we do not knowingly collect data relating to children.

We have appointed a data protection manager (DPM) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the information set out below:

Contact details

EU representative:

As we are based outside of the EU, we have appointed a representative based in the EU who you may contact about data privacy matters if you would prefer. The contact details of our EU representative are as follows:

Diggecard AS

Oevre Ole Bulls plass 1, 5014 Bergen, Norway

Email: privacy@diggecard.com

Telephone: +47 40 07 91 00

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Diggecard collects and processes your personal data.  

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements any other policies and is not intended to override them.

‍2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person may be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have summarised as follows:

• Identity Data includes company name, individual first and last names, username or other similar identifier, CCTV images and video data, vehicle registration, and title.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details, including credit/debit card account numbers, expiry dates, and security codes to be used pursuant to the Payment Card Industry Data Security Standard (PCI DSS).
• Transaction Data includes details about types, variety, and use of products ordered, the method of delivery, payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your location, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your preferences, feedback and survey responses.
• Order Data includes information attached to each of your gift card order for personalisation as greeting text, video, photo and information about receivers name, phone number and/or email and/or address.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use, store or transfer information gathered the following;

• any personal information when you call us, which may include some of all of the following in addition to details of the telephone number you call us from: time of call, length of call, IP address of the device you call us from, and details of our website page that you call us from,
• any personal information you provide to us by telephone or via our website or social media accounts, for example, by using the “Contact Us” page on our website or by contacting us through LinkedIn, Facebook or Twitter,
• information provided to us by third party service providers we work with, for example, providers assisting us with IT, communications and digital marketing,
• any personal information about you provided to us during our interactions with you, your employer or a third party (for example, a retailer to whom we provide services),
• personal information gathered by cookies used on our website. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse and also allows us to improve the way our website works. For detailed information on the cookies we use and the purposes for which we use them please refer to our Cookie Policy.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site’s feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, secure data transfer, via our Sites or apps, or otherwise. This includes personal data you provide when you:

• create an account on the Sites;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey;
• provide us with feedback;
• redeem a reward distributed through an authorised company or organisation;
• if you checkout on our website; or
• use of the Sites and apps including any data you may provide through this website when you open an account, place orders to purchase a product or service directly for yourself, on behalf of your end users, or to purchase a product or service for another person

Automated technologies or interactions. As you interact with the Sites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

Third parties sources. We may receive personal data about you from certain third parties as is necessary for us to fulfil our contractual obligations and for our legitimate interests – for example, your employer engages us to provide a giftcard to you, or a retailer or other organisation you purchase a giftcard from or a market research provider engages us to fulfil giftcard incentives, or somebody purchases a giftcard for you from one of the retailers to which we provide fulfilment services. Additionally, from time to time, we may purchase prospects lists from validated and regulated sources.

How we use your personal data

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you or a company or organisation you have provided personal data to.
• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience, in connection with fulfilling contracts we have with retailers and organisations to fulfil their giftcard programs, and for management reporting within our group structure. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving the marketing.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing by selecting the opt-out links in any communication.

Third-party marketing

Save where we sell or transfer our business as set out below in the ‘Disclosures of your personal data’ paragraph, we will get your express consent before we share your personal data with any third party for their own direct marketing purposes.

Opting out of marketing

You can ask us to stop sending you marketing communications at any time by following the opt-out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, you will still receive service-related communications that are essential for administrative or customer service purposes, for example relating to order confirmations for a product, updates to our Terms and Conditions, checking that your contact details are correct etc.

Cookies

For more information about the cookies we use and how to change your cookies preferences, please see https://diggecard.com/cookie-policy/

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at the addresses previously stated.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table in the ‘Purposes for which we will use your personal data’ paragraph above.

• Internal Third Parties as described in the ‘Glossary’ section below.
• External Third Parties as described in the ‘Glossary’ section below.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

We may transfer your personal data outside of the UK for the purposes set out in this privacy policy.

Whenever we transfer your personal data out of the UK to countries which have laws that do not provide the same level of data protection as the UK law, we always ensure that a similar degree of protection is afforded to it by ensuring that the appropriate safeguards are implemented.

We may also transfer your personal data to service providers to carry out certain functions on our behalf. This may involve transferring personal data out of the UK to countries which have laws that do not provide the same level of data protection as the UK law. For example, some third-party administration services may require services to be provided by suppliers overseas and we need to provide your personal data to them. Where your personal data is shared to these service providers, we ensure that the appropriate data transfer mechanisms are in place.

Please contact us if you would like further information on the specific safeguards used by us when transferring your personal data out of the UK.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

Diggecard retains personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. When personal data is no longer necessary or relevant for Diggecard’s identified purposes, or required by applicable laws, Diggecard will take steps to delete, destroy, erase, aggregate or anonymise such information. Consistent with good business practices, Diggecard continues to evolve its controls, schedules and practices for information retention and destruction.

YOUR LEGAL RIGHTS

You have a number of rights under data protection laws in relation to your personal data as more particularly described below. If you wish to exercise any of the rights set out below, please contact us. Please note, these rights are not always absolute rights and there may be occasions where we can not agree or do not agree with your request – we will let you know where this is the case.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

You also have the absolute right to object at any time to the processing of your personal data for direct marketing purposes.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:

• If you want us to establish the data’s accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Right to complain

You have the right to make a complaint if you wish to do so. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail (https://ico.org.uk/make-a-complaint/ ).

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Sites, we encourage you to read the privacy policy of every website you visit.

Glossary

Sites means websites and apps used and made available by us in connection with our business.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Internal Third Parties means other companies in the Diggecard Group acting as processors, for example the Diggecard Norway entity which provides IT support and administration and IT systems services and software.

External Third Parties

• Service providers acting as processors based who provide IT and technology solutions and IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
• Outsourced IT systems and applications security assessment and maintenance companies engaged to monitor, test, and safeguard the integrity of our technology environment.
• Postal services and other non-governmental mailing and delivery service providers.
• Companies or organisations which have established customised sites hosted by Diggecard to permit authorised individuals of such companies or organisation to place directs order for Diggecard’s products or services.
• Fulfilment partners based within or outside of the UK with respect of fulfilling gift card orders on our behalf.
• E-commerce solution providers and payment service providers which have established customised sites used by Diggecard in connection with its online store and e-commerce offerings.
• Organisations and/or retailers who have engaged us to provide fulfilment services: for monitoring and/or monitoring purposes.