Last Updated: Oct 2021
Beechwood Communications Limited ("We") are committed to protecting and respecting your privacy.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it, and to provide your consent to use of your data. We are required to ensure (by the written electronic statement below) that you provide a clear affirmative action establishing your freely given, specific, informed and unambiguous consent to your personal data being processed by those studios to whom we pass on your personal data (for the purpose of those studios providing you with their services).
For the purpose of the Data Protection Act 1998 (the Act) and the EU General Data Protection Regulation 2016/679 (GDPR), the data controller is Beechwood Communications Limited of 5 Havelock Terrace, Plymouth, PL2 1AT. Beechwood Communications Limited is registered under the Data Protection Act (Registration Number ZA228109).
The lawful basis for the processing
We provide a service which enables you to locate, and then enter into booking arrangements with instructors in your chosen field of interest. Our service requires us to collect your personal data so that we can perform our obligations under our contract with you and those with the instructors who engage with our platform.
Information we may collect from you
We may collect and process the following data about you:
Information you give us. You may give us information about you by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use Near You ®, subscribe to our service, search for an instructor, participate in discussion boards or other social media functions on Near You ® enter a competition, promotion, survey, apply for a job and when you report a problem with Near You ®. The information you give us may include your name, generalised, aggregate and non-specific location data (to deliver local service information to you and to enable instructors and related services to contact you), postcode, telephone number and email addresses. We may collect other forms of data but only with your express consent. We will use your data to inform you of news, offers, and events. You can unsubscribe from our news service at any time by pressing the unsubscribe link on our emails.
Information we collect about you. With regard to each of your visits to Near You ® we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Near You ® (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), and methods used to browse away from the page and any phone number used to call our customer service number.
Uses made of the information
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from the contract entered into between you and us and to provide you with the information and services that you request from us;
- to give third party instructors or studios your contact information to enable them to provide you their services which you sourced via Near You ®;
- to provide you with information about other services we offer;
- to provide you, or permit selected third parties to provide you, with information about services we feel may interest you. If you are an existing user, we will only contact you by electronic means (email or SMS). If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data;
- to notify you about changes to our service;
- to ensure that content from Near You ® is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer Near You ® and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve Near You ® to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep Near You ® safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of Near You ® about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you from other sources. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Third party advertising
- The following websites; www.yogaclassnearyou.com, www.pilatesnearyou.com, www.martialartnearyou.com on the Near You ® platform serve third party advertising cookies.
- Google's use of advertising cookies enables it and its partners to serve ads based your visit to these Sites and/or other sites on the Internet.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Instructors, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. The data we send to such third parties comprises your name, telephone number, using a unique NearYou generated email address, and the nature of the enquiry such as; "interest in a class or service".
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of Near You ®.
You acknowledge and agree that any personal information we send to third parties shall then be the subject of the privacy controls and compliance arrangements those third parties have in place and we are not responsible for such compliance nor do we have any control over any emails those third parties may send to you but we do enter into a legal agreement with such third parties setting out the controls we expect them to have in place in relation to your personal data.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Beechwood Communications Limited 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.
Where we store your personal data
All information you provide to us is stored on our secure servers.
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 data transmitted to Near You ®; 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.
Your rights in respect of the processing of personal data
You have the right:
- To withdraw consent.
- To lodge a complaint with the Information Commissioners Office.
- To ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your 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 on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
- To know the retention periods for the personal data we hold about you. We will hold such data for duration of period you use the Near You® service and for such reasonable period after you cease using the service to ensure we can comply with any statutory or regulatory requirements.
- To know the source of the personal data (if the personal data is not obtained by us from you).
- To access your personal data.
- To have inaccurate personal data rectified, or completed if it is incomplete. You can make a request for rectification verbally or in writing. We have one calendar month to respond to a request. In certain circumstances we can refuse a request for rectification.
- To have personal data erased. You can make a request for erasure verbally or in writing.
- To erasure of personal data. This is also known as 'the right to be forgotten'. We have one month to respond to a request. The right is not absolute and only applies in certain circumstances.
- To request the restriction or suppression of your personal data. This is not an absolute right and only applies in certain circumstances. When processing is restricted, we are permitted to store the personal data, but not use it. You can make a request for restriction verbally or in writing. We have one calendar month to respond to a request.
- To data portability to allow you to obtain and reuse your personal data for your own purposes across different services. This allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability, and to take advantage of applications and services which can use this data.
- We use automated decision making to inform you of services near your location and supply you with new services, news, offers, and services that you may be interested in. We also use automated decision making to send you booking reminders, re-purchasing services, service reminders, new services, and new products that we think will be of interest to you.
Near You ® may, from time to time, contain links to and from the websites of instructors featured on Near You®. 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.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Written electronic statement of consent
I confirm my freely given, specific, informed and unambiguous consent to my personal data being processed by those studios to whom Near You®passes on my personal data (for the purpose of those studios providing me with their services). I understand that I have the right to withdraw my consent at any time.
© Beechwood Communications Ltd 2023