Words in which the initial letter is capitalized have the meanings defined in the following conditions. The following definitions shall have the same meaning regardless of whether they are singular or plural.
For the purposes of these Terms and Conditions:
- Application(s) (also App(s)) means the software services provided by the Company and downloaded by You on any electronic device.
- Application Store means the digital distribution service provided by Google Inc. (Google Play Store) or Apple Inc. (Apple App Store) where the Application(s) has been downloaded.
- Account means a unique account created for You to access the Service or parts of our Service.
- Country refers to the Kingdom of Thailand
- Company (referred to as either “the Company”, Bring You Health”, We”, “Us” or “Our” in this a) refers to Bring You Health Company Limited, The Palladium Shopping Mall, 3rd Floor, Room No. 207, 10400, Bangkok. Thailand
- Content refers to content, such as text, images, videos, podcasts, or other data and information that can be posted, uploaded, downloaded, linked to or otherwise made available by You, regardless of the format of that content.
- Device means any machine that can access the Service, such as a computer, mobile phone or digital tablet.
- Feedback means any feedback, innovation or recommendation submitted by You regarding the qualities, performance or features of our Service.
- Product refers to any digital products and/or physical products you receive through Our Services, Applications, and/or website
- Service(s) refers to the Application and/or any type of Training/Diet/Food Programme whether it’s Online, one-on-one in the Country, personal or group, or any Content for any purpose.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding your use of the Service.
- Third-Party Social Media Service means any services or content (including data, information, products or services provided by a third party that may be displayed, included or made available through the Service.
- You means the individual and/or client who accesses or uses the Service, or the company or other legal entity that accesses or uses the Service on behalf of that individual, as applicable.
- Undertakes an in-person personal training programme in Bangkok with Us.
- Undertakes an online personal training programme with Us.
- Makes purchases through our Application and website
- Downloads, and uses Services vis the Application and other channels.
- Subscribes to our newsletters or to receive information about Our Services, promotions, or offers
- Contacts us to enquire about our Products, Services, and any kind of Policies and Terms.
Information About Your Personal Data
Personal Data is information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, phone number, device IDs, certain cookie and network identifiers, and Fitness and Wellness Data.
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
- Subscribes to our newsletters or to receive information about Our Services, promotions, or offers
- Complete and fill out any kind of questionnaires and assessments (e.g. PARQ)
- Sign up to use online and/or Application services
- Provide ongoing measurements to track progress and performance (e.g. weight, body fat, progress pictures, dietary tracking)
- Provide information on training progress (e.g. volume, frequency, duration)
- 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
The type of personal data we process
You as an individual:
- Full name and title, Gender, Date of birth, Nationality, and Occupation
- Email address, home address and telephone numbers, Country of residence, Emergency contact details Ethnicity
- Progress photographs
- Video testimonials and Written testimonials
- Religious information
Your health history and fitness information:
- Height and Weight
- Body fat, Lean body mass, Calliper measurements, and Girth measurements
- Specific fitness and lifestyle goals
- Blood pressure, Heart rate, Mental and psychological health concerns or issues, Allergies, Post/current Injuries, and any other potential Medical condition(s)
- Sleep Quality and Mood
- Frequency, Duration, Intensity, Volume, and Training timing
Your financial details (if applicable):
- Credit card details
- Information contained in any correspondence or communications sent by you (e.g. contact us form, direct messages to trainers/coaches on the Application)
Your mobile device
- Automatically logged events – basic interactions in the app (e.g. app installs, app launches) and system events (e.g. SDK loading, SDK performance) that are collected automatically. Developers can disable automatic logging and log explicit events manually instead.
- Facebook app ID – a unique identifier provided by Facebook to reference the advertiser’s website and mobile app.
- Mobile advertiser ID – the iOS IDFA or Android Advertising ID.
- Metadata from the request – the mobile OS type and version, the SDK version, app name, app version, the device opt-out setting, the user agent string and the client IP address. It also collects the device-related metrics such as time zone, device OS, device model, carrier, screen size, processor cores, total disk space, and remaining disk space.
How we will use your personal data and the legal basis for using the 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
- To process your orders and supply products to you
- 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 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.
- To take progress photographs: We will 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.
- 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. For more details see the ‘Marketing’ section.
- 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.
- 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.
Measurement Services and targeted ads
To track the effectiveness of marketing campaigns on click-through rate and conversion of app downloads – Third parties, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads.
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 your request will promptly be actioned by us. Additionally, you can update your marketing preferences by contacting us at any time.
Who we share your personal data with
We value your Personal Data and under no circumstances will we sell your information to third parties. We share your personal data with trainers, nutritionist, coaches, 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 administrations 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.
How long we will hold onto your data
Your data protection rights
You have a number of rights over how your personal data is processed. These include the right to:
- You can ask us for copies of your personal information.
- You can ask us to correct information you think is inaccurate or to ask us to complete information you think is incomplete.
- You can ask us to erase your personal information in certain circumstances
- You can ask us to restrict the processing of your information in certain circumstances
- You can object to processing if we are able to process your information because it is in our legitimate interests.
- You can ask us to transfer the information you gave us from one organisation to another only within the Company or give it to you, in certain circumstances
The extent of these rights is 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.
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 protection so that your Personal Data is subject to the same standards and protections as when we are processing your personal data inside the EEA.
We implement technical and organizational securities to protect against unauthorized or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
We do not knowingly collect Personal Data online from individuals under 16. If you become aware that a child has provided us with Personal Data without parental consent, please contact us. If we become aware that an individual under 16 has provided us with Personal Data without parental consent, we will take steps to remove the data and cancel that individual’s account.
How to complain
We work to high norms when it comes to processing your personal data. If you have queries or concerns, please contact us.
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 number 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.