TERMS & CONDITIONS, PRIVACY, COOKIE & DATA PROTECTION POLICIES

TERMS AND CONDITIONS – USE OF WEBSITE

1. INTRODUCTION
(a) These terms and conditions apply to the entire contents of the M8 Group websites and to any correspondence by e-mail between M8 Group/motive8 and you. All references in these terms and conditions: to the “Website” refer to this website; to “we”, “us” and “our” refer to M8 Group/motive8 Limited; to “you” and “your” refer to you, the user; to “Content” refer to the text, graphics, plans, photographs, information and other material displayed from time to time on the Website.
(b) M8 Group refers to all motive8 companies including motive8 Ltd, motive8 North Ltd, motive8 CPD Ltd.
(c) Please read these terms and conditions carefully. By using this Website you are deemed to accept these terms and conditions whether or not you choose to register with us. We reserve the right to amend these terms and conditions from time to time and recommend that you review them regularly.
(d) There are other terms which apply to your use of the Website:
i) our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. Our Privacy Policy can be found below.
ii) our Cookie Policy, which sets out information about the cookies on our Website. Our Cookies Policy can be found below.
2. COPYRIGHT
(a) Unless otherwise stated, we own the copyright and other intellectual property rights in all Content and expressly reserve all rights in the same. You may print and download extracts from this Website for your own non-commercial use provided that you do not modify any of the Content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
(b) All other reproduction or use of extracts of content is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3. YOUR ACCESS AND USE
(a) We endeavour to ensure that this Website is accessible 24 hours a day. However, we will not be liable for any losses, expenses, costs or liabilities that you, your business or any other person may suffer if this Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason.
(b) Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
(c) Other than personally identifiable information which is covered under our Privacy Policy, any material or information that you transmit or post to this Website or e-mail to us (your “Non-Personal Information”) will be considered non-confidential and non-proprietary. We will have no obligation to you with respect to your Non-Personal Information. By sending such non-personal Information to us you agree that we are free to copy, disclose, distribute, incorporate and otherwise use all Non-Personal Information for any and all commercial or non-commercial purposes.
(d) By using this Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material:
(i) that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy or a third party’s rights or which may otherwise cause annoyance or inconvenience; or
(ii) which is technically harmful including, without limitation, containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
(e) If you breach any of the terms of these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website that you have within your possession or control.
(f) We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto the website in breach of paragraph 3(d) above.
4. LINKING TO WEBSITE
(a) You may create a link from your own website to the website provided that you obtain our prior written consent and provided that you only do so on the basis that you link to, and do not replicate, the home page of this Website and you DO NOT:
(i) create a frame or any other browser or border environment around this website;
(ii) in any way imply that we endorse any products or services other than our own;
(iii) misrepresent your relationship with us or present any other false information about us;
(iv) use any of our content or trademarks without our express written permission;
(v) link from a website that is not owned by you; or (vi) display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
(b) We expressly reserve the right to revoke any right we grant to you to link to our Website should you breach any of these terms and conditions. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we, or any of our group companies, may suffer or incur due to your breach of any of the terms set out in paragraph 4(a) above.
5. DISCLAIMER
(a) While we endeavour to ensure that the Content is correct and up-to-date, it is provided “as is” and we give no representation, warranty or guarantee as to its accuracy, completeness or adequacy. Accordingly, to the maximum extent permitted by law, we exclude all express and implied warranties, representations and conditions with respect to the Content.
(b) The Website may from time to time contain links to third party websites which we provide solely for your convenience. We have no control over, and make no endorsement of, the content or availability of these third party websites and you use and rely on the same at your own risk.
(c) You acknowledge and agree that any reliance you place on the Content and the content of any linked third party sites is at your own risk. To the maximum extent permitted by law, we (and our group companies) exclude all liability for any direct or indirect losses, loss of profits or other consequential loss, damages, costs, expenses or liabilities that you may suffer or incur arising from your use of this Website and/or reliance on any Content.
6. GOVERNING LAW
These terms and conditions and your use of the Website will be governed by and construed in accordance with English law and you agree that any disputes arising in connection with the same will be subject to the exclusive jurisdiction of the English courts.
This website is operated by the M8 Group. A company registered in England; company registration number 07487095; registered address is 65 The High Street, Teddington, TW11 8HA. Please contact us on 0800 028 0198 should need any assistance.
Version 1.0
January 2018

PRIVACY POLICY

1. INTRODUCTION AND DEFINITIONS
1.1 This is the privacy policy referred to in the Terms and Conditions – Use of Website above.

1.2 The term “Website” means the website accessible from this URL, being www.m8north.co.uk.

1.3 Other defined terms shall have the meanings given to them in the Terms of Use.

1.4 The terms “Data Controller” and “Personal Data” shall have the meanings given to them in the Data Protection Act 1998 (the “Act”).

1.5 For the purposes of the Act, the Data Controller shall be:

Motive8 North Limited (company number 07487095) of First Floor, 65 High Street, Teddlington, Middlesex, TW11 8HA, if the location selected at the time you register on the Website is marked as such (or in the ‘North’),

in which case, any reference to “we” or “us” shall be a reference to Motive8 North Limited, as the context permits.

1.4 This privacy policy (together with our terms of and any other documents referred to in it) sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us.

1.5 Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. By visiting the Website, you are accepting and consenting to the practices described in this policy. If you have any questions at all about this privacy policy or the Website, please email [email protected]

1.6 Our nominated representative for the purpose of the Act is Ms Jenny Cromack.

2. INFORMATION WE COLLECT FROM YOU
2.1 We will collect and process the following Personal Data (and other data):

(a) Information you give us. This is information about you that you give us by filling in forms on the Website (including health questionnaires which may include sensitive personal data) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use the Website, subscribe to our service, search for a product, place an order on the Website, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, click and use links provided throughout, use and engage with the website in any way and when you report a problem with the Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph;

(b) Information we collect about you. With regard to each of your visits to the Website we will automatically collect the following information:

(i) technical information, including the Internet protocol (IP) address used to connect your computer or alternative device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

(ii) information about your visit, including the full Uniform Resource Locators (“URL”), clickstream to, through and from the Website (including date and time), products you viewed or searched for’ page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

(c) Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in payment and delivery services). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

3. USES MADE OF THE INFORMATION
3.1 We use information held about you in the following ways:

(a) Information you give to us. We will use this information:

(i) to carry out our obligations arising under the Terms of Use;

(ii) to provide you with information about other goods and services that are similar to those that you have already purchased, enquired about or otherwise engaged with;

(iii) to notify you about changes to the Website; and

(iv) to ensure that content from the Website is presented in the most effective manner for you and for your computer or internet enabled device.

3.2 Information we collect about you. We will use this information:

(a) to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(b) to improve the Website to ensure that content is presented in the most effective manner for you and for your computer or internet enabled device;

(c) to allow you to participate in interactive features of our service, when you choose to do so;

(d) as part of our efforts to keep the Website safe and secure;

(e) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

(f) to make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.

3.3 Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

4. DISCLOSURE OF YOUR INFORMATION

4.1 We will disclose your personal information and Personal Data to third parties (including companies in our group):

(a) to give effect to clause 3.1 above;

(b) in the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets.

(c) if we are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.

(d) if we are under a duty to disclose or share your Personal Data in order to
comply with any legal obligation, or in order to enforce or apply Terms of Use and other agreements; or to protect the rights, property, or safety of the Website, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5. WHERE WE STORE YOUR PERSONAL DATA

5.1 By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this privacy policy.

5.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6. YOUR RIGHTS

6.1 You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes in the account area where you can control your Personal Data options and where required on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us using the contact details set out in the Terms of Use.

6.2 The Website may from time to time, contain links to and from the sites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

6.3 Please refer to www.dataprotection.gov.uk for further information about your rights under the Act. You have the right to receive a copy of the information we hold about you by sending a request in writing (with a fee of £10) to us using the contact details set out in the terms of use.

7. COOKIES
7.1 The Website uses cookies to function and distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy below.

7.2 For more information about Cookies and how they are used please refer to https://ico.org.uk/for-the-public/online/cookies/.

8. CHANGES TO OUR PRIVACY POLICY

8.1 Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Version 1.0
January 2018

COOKIE POLICY

1. INTRODUCTION AND DEFINITIONS

1.1 This is the cookie policy referred to in the privacy policy https://www.m8north.co.uk

1.2 The term “Website” means the website accessible from this URL, being www.m8north.co.uk
1.3 Other defined terms shall have the meanings given to them in the Terms of Use.
2. INFORMATION ABOUT OUR USE OF COOKIES

2.1 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 our Website and also allows us to improve our Website. By continuing to browse the Website, you are agreeing to our use of cookies.

2.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

3. REGISTRATION AND LOG IN
3.1 When you sign up to our Website, we track your progress with a cookie to confirm the steps you’ve taken. We also use cookies to give you access to your profile as a registered user.

4. CONTROLLING COOKIES
4.1 To enable or disable cookies, follow the instructions provided by your browser (usually located within the ‘Help’ tab).

4.2 If you want to find out more about how cookies are used, please visit www.https://ico.org.uk/for-the-public/online/cookies/ and www.allaboutcookies.org.

4.3 We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
4.4 You can find more information about the individual cookies we use and the purposes for which we use them below:

AddThis Social Sharing __atuvc
This cookie enables us to make sure the user sees the updated count if they share a page on social media.
AddThis Social Sharing __atuvs
This cookie enables us to make sure the user sees the updated count if they share a page on social media.
Google Analytics _ga
This cookie is used to track usage of our website to allow us to identify how customers are using our website and therefore identify improvements to the user experience.

4.5 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

4.6 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

4.7 Except for essential cookies, all cookies will expire after 1 year.

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January 2018

DATA PROTECTION POLICY


1. INTRODUCTION AND DEFINITIONS
1.1 This is the Data Protection Policy for motive8 North Limited (company number 07487095) of First Floor, 65 High Street, Teddington, Middlesex, TW11 8HA.

1.2 The nominated Data Protection Officer is Jenny Cromack.

1.3 ‘’Customer’’. Any person who signs up for the services offered by motive8 North such as exercise classes, personal training, gym membership in addition to voluntarily signing up for online offers and newsletters through the website.

1.4 ‘’Website’’. The website is www.m8north.co.uk.

2. DATA PROTECTION STATEMENT

2.1 To provide you with the correct advice and support in relation to our facilities and the services we offer, we need to hold and process certain personal data relating to you, including your identity, contact details and sensitive information relating to your health.

2.2 By joining our gym,or signing up for any of our services including personal training, classes, boot camps,you consent to allowing us to process this information.

3. TERMS OF USE – WEBSITE

3.1 The term “Website” means the website accessible from this URL, being www.m8north.co.uk

3.2 Other defined terms shall have the meanings given to them in the Terms of Use.

3.3 The terms “Data Controller” and “Personal Data” shall have the meanings given to them in the Data Protection Act 1998 (the “Act”).

3.4 For the purposes of the Act, the Data Controller shall be Motive8 North Limited (company number 07487095) of First Floor, 65 High Street, Teddlington, Middlesex, TW11 8HA

3.5 The privacy policy (together with our terms of and any other documents referred to in it) sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Our privacy policy can be found at http://www.m8north.co.uk/terms-conditions/

3.6 Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. By visiting the Website, you are accepting and consenting to the practices described in this policy. If you have any questions at all about this privacy policy or the Website, please email [email protected]

3.7 Our nominated representative for the purpose of the Act is Ms Jenny Cromack.

4. INFORMATION WE COLLECT FROM YOU
4.1 We will collect and process the following Personal Data (and other data):

(a) Information you give us. This is information about you that you give us by filling in forms in our gym or on the Website (including health questionnaires which may include sensitive personal data) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use the Website, subscribe to our services, place an order on the Website, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, click and use links provided throughout, use and engage with the website in any way and when you report a problem with the Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph;

(b) Information we collect about you. With regard to each of your visits to the Website we will automatically collect the following information:

(i) technical information, including the Internet protocol (IP) address used to connect your computer or alternative device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

(ii) information about your visit, including the full Uniform Resource Locators (“URL”), clickstream to, through and from the Website (including date and time), products you viewed or searched for’ page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

(c) Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in payment and delivery services). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

5. USES MADE OF THE INFORMATION
5.1 We use information held about you in the following ways:

(a) Information you give to us. We will use this information:

(i) to carry out our obligations arising under the Terms of Use;

(ii) to provide you with information about other goods and services that are similar to those that you have already purchased, enquired about or otherwise engaged with;

(iii) to notify you about changes to the Website; and

(iv) to ensure that content from the Website is presented in the most effective manner for you and for your computer or internet enabled device.

5.2 Information we collect about you. We will use this information:

(a) to supply our gym membership services including classes, personal training and gym memberships;

(b) to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(c) to improve the Website to ensure that content is presented in the most effective manner for you and for your computer or internet enabled device;

(d) to allow you to participate in interactive features of our service, when you choose to do so;

(e) as part of our efforts to keep the Website safe and secure;

(f) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

(g) to make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.

5.3 Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

6. DISCLOSURE OF YOUR INFORMATION

6.1 We will disclose your personal information and Personal Data to third parties (including companies in our group):

(a) to give effect to clause 3.1 above;

(b) in the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets.

(c) if we are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.

(d) if we are under a duty to disclose or share your Personal Data in order to
comply with any legal obligation, or in order to enforce or apply Terms of Use and other agreements; or to protect the rights, property, or safety of the Website, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

7. WHERE WE STORE YOUR PERSONAL DATA

7.1 By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this privacy policy.

7.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Any paperwork completed when signing up for the services we offer will be stored securely.

7.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

8. YOUR RIGHTS

8.1 You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes in the account area where you can control your Personal Data options and where required on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us using the contact details set out in the Terms of Use.

7.2 The Website may from time to time, contain links to and from the sites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.

8.3 Please refer to www.dataprotection.gov.uk for further information about your rights under the Act. You have the right to receive a copy of the information we hold about you by sending a request in writing (with a fee of £10) to us using the contact details set out in the terms of use.

9. COOKIES
9.1 The Website uses cookies to function and distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy; http://www.m8north.co.uk/terms-conditions/

9.2 For more information about Cookies and how they are used please refer to https://ico.org.uk/for-the-public/online/cookies/.

10. CHANGES TO OUR DATA PROTECTION POLICY

10.1 Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Version 1.0
March 2018