(1) What information do we collect and how do we use it?
In this section we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
We may collect, store and use the following kinds of personal data:
(a) We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and Wix Visitor Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
(b) We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include name, address, contact details, email address and specific information about your current weight, daily routine and family commitments, employment, food and eating habits, exercise likes and dislikes, diet history, how you feel about food, a week's food journal, childhood history, body size history and underlying beliefs. The source of the service data is you. The service data is collected and processed by Wufoo.com or by your allocated coach during an interview. The food journal data is collected by FastfieldForms.com. The service data may be processed for the purposes of providing our services, ensuring the suitability and accuracy of our coaching programs and communicating with you. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract for either a complimentary consultation or full paid program.
(c) We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). This data includes name and email address. The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent. You are consenting to give us this information by enquiring about our services.
(d) We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
(e) We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
(a) In addition to the specific disclosures of personal data set out in this Section 2, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
(b) We may disclose your personal data to any identified coach of Defeating Diets insofar as reasonably necessary for the purposes of providing you with an appropriate level of service, and on the legal bases, set out in this policy.
(c) Financial transactions relating to our website and services are handled by our payment services providers, Paypal, World Pay and Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at:
- World Pay
(d) We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
(3) Retaining and deleting personal data
This Section 3 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
(a) Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
(b) We will retain your personal data as follows:
(i) Service data submitted for a complimentary consultation will be deleted electronically after the date of the consultation, but kept in hard copy, and stored in a locked filing cabinet, for one year to allow for the data subject to become a full coaching client.
(ii) Service data submitted once the data subject becomes a paying program client will be deleted electronically and retained in hard copy (stored in a locked filing cabinet), for a minimum period of three years following their program start date, and for a maximum period of seven years following their program start date.
(iii) Enquiry data will be retained for one year after the enquiry date.
(c) Notwithstanding the other provisions of this Section 3, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
(4) Policy amendments
(5) Your rights
(a) You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(i) the payment of a fee (currently fixed at GBP 10); and
(ii) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
(b) We may withhold personal information that you request to the extent permitted by law.
(c) You may instruct us at any time not to process your personal information for marketing purposes.
(d) In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(6) About cookies
(a) A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
(b) Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
(c) Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
(7) Cookies that we use
(8) Cookies used by our service providers
(9) Managing cookies
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(d) (Internet Explorer);
(e) (Safari); and
(10) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(11) Updating Information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(12) Our details
(a) This website is owned and operated by Defeating Diets. We are registered with HM Revenue & Customs. Our registration number is 43007 84564.
(b) Our principal place of business is at 62 High St, West Mersea, Colchester, Essex, CO5 8JE
(c) You can contact us:
(i) by post, to the postal address given above
(ii) using our website contact form
(iii) by telephone, on 07837 531965
(iv) by email, using firstname.lastname@example.org.