Privacy Policy

 

At THE BEAT we respect your concerns about privacy and take every effort to protect your personal information.  This policy is in place to ensure your information is handled in a safe and discrete manner. This statement provides detailed information on how we use and protect your data and your rights in relation to this, with a particular focus on:

  • Your rights as a data subject;

  • The legal basis for which we process your personal data;

  • How we manage the retention and deletion of personal data.

We encourage you to read this policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy.  These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward (not retroactive) basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. If you link to other third-party websites, please review the privacy policies posted at those sites. THE BEAT is not responsible for how data or information is treated/handled by any third-party website that is linked to from our sites.

 

WHAT IS PERSONAL DATA?

We collect information about you in a range of forms, including personal data. As used in this Policy, “Personal Data” is as defined in the GDPR, this includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

 

WHAT DO WE COLLECT?

You may give us information about yourself by filling in forms on our websites or by corresponding with us by phone, e-mail or otherwise. This includes (but is not limited to) information you provide when you register to use our Website, make payments using our Website and when you report a problem with our Website.

The information you give us may include:

  • Name

  • Address

  • Email address

  • Date of birth

  • Phone number

  • Financial and credit card information

  • Geographic location

We may collect, store and use the following information about your computer, mobile device or other items of hardware through which you access the website:

  • Page views

  • Length of visit

  • Operating system

  • Internet service provider

  • Referral source/exit pages

  • Website navigation and search terms that you use

  • Your visits to and use of the Website (including without limitation your IP address, geographical location, browser/platform type and version)

We will at all times minimise the collection and use of personal data to what is necessary to administer our business and deliver services to you. In order to process your requests and transactions, we will use the information provided by you.

 

WHAT WE DO WITH THE INFORMATION WE GATHER?

The main reason we use this information is to provide you with both an improved website experience and details about our products and services, but we (or third-party data processors, agents, and sub-contractors acting on our behalf) may also use the following information:

  • To help us perform our services;

  • To improve our products and services;

  • To enable us to enforce our rights under our terms and conditions if necessary;

From time to time, we may also use your information to contact you for market research purposes; and from any of your activities in connection with your use of our Services.

We may combine the information we receive from other sources with the information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above.

 

LINKS TO OTHER WEBSITES

Our Website may, from time to time, contain links to and from the Websites of our partner networks 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.

 

DISCLOSURE OF YOUR INFORMATION

We may share your information with the following selected third parties including:

  • Our banking partners;

  • Our IT service providers;

  • Analytics and search engine providers that assist us in the improvement and optimisation of our site;

  • Sub-contractors or sub-processors for the performance of any contract we enter into with them or you;

If THE BEAT or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and 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 our terms of use and other agreements; or to protect the rights, property, or safety of THE BEAT, our customers, or others.

 

DO WE PROCESS YOUR PERSONAL DATA OUTSIDE THE EEA?

The data that we collect from you may also involve transfer of your personal data to any country, including countries outside the European Economic Area, but that in those cases, except where the relevant country has been determined to ensure an adequate level of data protection by the European Commission or we need to make the transfer in order to perform a contract concluded in your interests, we will ensure that the transferred personal data is protected by a data transfer agreement in the appropriate standard form approved for this purpose by the European Commission or by a binding legal agreement (and that further details of these transfers and copies of these agreements are available from us on request). It may also be processed by our staff operating outside the EEA who work for us. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of services. By submitting your personal data, you agree to this transfer, storing or processing.

 

HOW DO WE MAKE SURE YOUR PERSONAL DATA STAYS SECURE?

We use industry-standard physical and procedural security measures to protect information from the point of collection to the point of destruction. This includes encryption, firewalls, access controls, policies and other procedures to protect information from unauthorised access. Where data processing is carried out on our behalf by a third party, we take steps to ensure that appropriate security measures are in place to prevent unauthorised disclosure of personal data. Despite these precautions, however, we cannot guarantee the security of information transmitted over the Internet or that an unauthorised person will not obtain access to personal data.

 

HOW LONG IS YOUR PERSONAL INFORMATION RETAINED?

We will only retain your personal data for as long as is necessary for providing our service to you and as long as we have a clear business purpose and lawful basis. The criteria we use for retaining different types of personal data includes the following:

General queries – When you make an enquiry or contact us by email or telephone, we will retain your information for as long as necessary to respond to your queries. After this period, we will hold your personal data for longer than 1 year if we have a business legitimate interest.

Direct marketing – Where we hold your personal data on our database for direct marketing purposes we will retain your information for longer than two years if we have a legitimate business interest.

Legal and regulatory requirements – We may need to retain personal data for up 7 years after we cease providing services and products to you where necessary to comply with our legal obligations, resolve disputes or enforce our terms and conditions.

 

WHAT ARE COOKIES?

Cookies are a very small text file sent to your computer or internet-enabled device when you visit a website. This enables the website to recognise you should you re-visit the site at a later date.

 

HOW DOES THE THE BEAT WEBSITE USE COOKIES?

When you visit any of our websites, we only use cookies to remember preferences that you chose when browsing the site and to count and study the visitors and patterns of people visiting our site.

We currently set the following cookies:

  • Google analytics tracking

  • Mailchimp cookie for signup

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

HOW CAN YOU CONTROL THE USE OF COOKIES FROM OUR WEBSITE?

You have the right to turn off cookies before using our website. You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.  You can also turn off cookies by clicking on the “Turn cookies off” button on our cookies pop up window that you see when entering our website for the first time. However, this may prevent you from taking full advantage of the website.

 

WHICH PURPOSE AND LAWFUL BASIS DO YOU USE FOR PROCESSING OF PERSONAL DATA?

The purpose for which we use and process your personal data (excluding sensitive personal data) and the legal basis on which we carry out each type of processing is explained below.

To provide you with information and services that you request from us. It is in our legitimate interests to respond to your queries and provide any information requested in order to generate and develop business. To ensure we offer a good and responsive service, we consider this use to be proportionate and will not be prejudicial or detrimental to you.

To send you alerts, newsletters, announcements, and other communications concerning THE BEAT, legal developments or notifications we believe may be of interest to you. It is in our legitimate interests to market our services. We consider this use to be proportionate and will not be prejudicial or detrimental to you.  You can always opt-out of receiving direct marketing-related email communications by following the unsubscribe link.

To enforce the terms and conditions and any contracts entered into with you. It is in our legitimate interests to enforce our terms and conditions of service. We consider this use to be necessary for our legitimate interests and proportionate.

To send you information regarding changes to our policies, other terms and conditions and other administrative information. It is in our legitimate interests to ensure that any changes to our policies and other terms are communicated to you. We consider this use to be necessary for our legitimate interests and will not be prejudicial or detrimental to you.

To improve our website to ensure that consent is presented in the most effective manner for you and your computer, mobile device or other items of hardware through which you access our website;

To administer our website including troubleshooting, data analysis, testing, research, statistical and survey purposes; and

To keep our website safe and secure.

For all these categories, it is in our legitimate interests to continually monitor and improve our services and your experience of our website and to ensure network security. We consider this use to be necessary for our legitimate interests and will not be prejudicial or detrimental to you. If you do not wish to provide us with your personal data and processing such information is necessary for the performance of a contract with you, we may not be able to perform our obligations under the contract between us. THE BEAT will only use your personal data for the purposes for which we collected it. If we need to use your personal data for an unrelated purpose, we will notify you in a timely manner and we will explain the legal basis which allows us to do so.

  

EMAIL MARKETING

For email marketing to an individual subscriber with whom we have not previously engaged as a client, we need your consent to send you unsolicited email marketing.  Where you provide consent, you can withdraw your consent at any time, but without affecting the lawfulness of processing based on consent before its withdrawal.  You have the right to opt out of receiving email marketing communications from us at any time by:

Contacting our THE BEAT team using the contact details set out below; or using the “unsubscribe” link in emails.

 

YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

You shall have the right, in accordance with the GDPR, to obtain from us the following:

  • Right to rectification without undue delay of inaccurate personal data about you.

  • Right of confirmation as to whether or not personal data concerning you are being processed.

  • Right of access of free information about the personal data we store about you at any time and to receive a copy of it.

  • Right to erasure (Right to be forgotten) of personal data concerning you without undue delay, subject to Our legal rights and obligations to retain the same.

  • Right of restriction of processing where:

    • You contest the accuracy of the personal data, for a period while we verify its accuracy;

    • The processing is unlawful, and you oppose the erasure of your personal data and request that it be restricted instead;

    • We no longer need your personal data for the purposes of the processing, but do require them for the establishment, exercise or defence of legal claims; and

    • You do not agree with our assessment that the processing is permitted for Our “legitimate interests”, for a period while verification is carried out as to whether those interests override your own interests.

 

RIGHT TO DATA PORTABILITY

You shall have the right to have the personal data concerning you, which was provided to us, in a structured, commonly used and machine-readable format and to have it transmitted to another entity (to the extent that such data was processed by us on the basis of consent or because such processing was necessary for the performance of a contract).

Additionally, you will have the following rights:

  • Right to object on grounds relating to your particular situation, at any time, to processing of personal data concerning you, which is based on our legitimate interests. This also applies to profiling based on these provisions;

  • Right to object to our processing of personal data for direct marketing purposes. This applies to profiling to the extent that it is related to such direct marketing; automated individual decision-making, including profiling;

  • Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you.

UPDATES TO OUR POLICY

Any changes we may make to the above this policy will be updated on our website and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to this policy.

 

HOW TO CONTACT US

If you have any questions about this Policy or we process your personal data, please contact us in writing to:

 

THE BEAT LLC
Forchstrasse 128
8032 Zürich
Switzerland
Email: workout@thebeat.fit
Phone: +41(0)79 367 17 50

LAW AND JURISDICTION

These Terms and Conditions shall be governed and interpreted in accordance with Swiss law. By accepting our Privacy Policy you consent to the jurisdiction of the Swiss courts.