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Privacy Policy

THRIVE FITNESS INFORMATION & PRIVACY

This document details the Terms and Conditions regarding:

 

WEBSITE TERMS AND CONDITIONS

Hout Bay Thrive Fitness (Pty) Ltd

​(Registration Number 2018/409053/07)

 

These terms and conditions are binding and enforceable against all persons that access the Hout Bay Thrive Fitness (Pty) Ltd website or any part thereof (hereafter referred to as “the Thrive Fitness website”) in terms of section 11(3) of the E​​lectronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).

If you do not agree to these terms and conditions you must leave the Thrive Fitness website now, as further use will automatically bind you to these terms and conditions.

A copy of the ECT Act may be downloaded from http://www.polity.org.za under the heading “Legislation and Policy”.

 

Definitions and interpretation

 

 

  1. GENERAL

Thrive Fitness was established in 2018 as a boutique gym offering, and currently operates from one venue based in Hout Bay in the Western Cape in the Republic of South Africa.

 

  1. ALLOWED USE & LICENSE

 

 

  1. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE

 

 

  1. SOFTWARE & EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Thrive Fitness website and/or download content from this web site.

 

  1. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Thrive Fitness website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Thrive Fitness has the duty to disclose the following information:

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

 

  1. CHANGES AND AMENDMENTS

Thrive Fitness expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

  1. PRIVACY

 

 

  1. HYPERLINKS TO THIRD PARTY SITES

 

 

  1. SECURITY

 

 

  1. DISCLAIMER & LIMITATION OF LIABILITY

 

 

  1. REMOVAL & CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Thrive Fitness website to Thrive Fitness and Thrive Fitness undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

 

  1. INTERCEPTION OF COMMUNICATION

 

 

  1. ENTIRE AGREEMENT & SEVERABILITY

 

 

  1. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Thrive Fitness agree that:

 

  1. APPLICABLE & GOVERNING LAW

The Thrive Fitness website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Thrive Fitness website, its content, services and these terms and conditions.

 

  1. LEGAL COSTS

Thrive Fitness shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

 

THRIVE FITNESS PRIVACY POLICY

Hout Bay Thrive Fitness (Pty) Ltd, trading as Thrive Fitness / Thrive Fitness SA

​(Registration Number 2018/409053/07)

 

Thrive Fitness knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This policy describes the types of personal information that we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy

 

As used throughout this policy, the term “Thrive Fitness”, “us” or “we” refers to Hout Bay Thrive Fitness (Pty) Ltd. By engaging with us, you are accepting and consenting to the practices described in this privacy policy.

 

  1. Personal Information:

Any personal information provided to or gathered by Thrive Fitness is controlled by Hout Bay Thrive Fitness (Pty) Ltd, whose registered office is at 31 Victoria Avenue, Hout Bay, Cape Town​, 7806, Cape Town, South Africa. A number of suppliers act as data processors on behalf of us from time to time.

  1. What personal information does Thrive Fitness collect?

The information we collect from our members, community members an visitors help us to continually improve your experience at Thrive Fitness. This personal information may include – your name and contact information; ID/passport number; date of birth; preferred communication methods; bank details and credit card details. We also create information that becomes part of the personal information we hold about you, such as your usage of the club services, number of classes attended, types of classes attended etc. We also collect the following information:

 

  1. ​What do we do with personal information collected from you?

We use personal information to provide the services you request from Thrive Fitness such as to facilitate staff administration, administration of your membership, facilitate bookings of classes and appointments with our own or third party service providers and other transactions. We may also use the information to advertise products and services, to process payments and maintain accounts and records, to prevent crime and aid in the prosecution of offenders, and to administer and maintain members’ records. In addition, we use this information to improve our membership and customer services platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf. We also use your details to send you newsletters and promotions, and to conduct online surveys or surveys by telephone; prize draws; competitions and other promotions via email, telephone or post. We will also use the information in the course of collecting payments that may be due to us from you. If you apply for employment at Thrive Fitness, we use the personal information you supply to process your job application. We continuously profile and assess our member’ data in order to improve the service offering provided to members and/or to better align ourselves with business partners. As a result, we use your personal information to share it with existing and potential business partners and third parties in order to identify mutual commercial opportunities with such business partner or third party, and/or improve the service offering to you. Information is shared on a confidential basis, and unless you have consented otherwise, under no circumstances is the business partner or third party entitled to make any communication to you, or make any further transmission of the information, as a result of the personal information we avail to them. Each transmission of the personal information differs, but is specific to the particular information share exercise undertaken.​ Other than as set out in this privacy policy we will not share your personal information with third parties for marketing or any other purposes without your consent, unless we are required to do so by law. We operate an automatic opt-in policy which means that when you request information from us or make an enquiry we may add you to our database.

  1. What about Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to automatically collect information from your computer such as your IP address and other details about your computer which are automatically collected by our web server, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. The “Help” menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, because cookies may allow you to take advantage of some of Thrive Fitness’s website features, we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer. Please note that our advertisers may also use cookies, over which we have no control:

 

  1. Does Thrive Fitness share the information it receives? 

Information about our members is an important part of our business and we do not sell it to others. Thrive Fitness shares member information only as described below.

 

  1. How secure is information about me? 

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

  1. What about links to other websites?

Our site may include links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites. These third-party websites may use technology to send (or “serve”) the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this privacy policy. Please contact them directly for more information about their privacy practices.

  1. What choices do I have? 

As discussed above, you can always choose not to provide information. If you do not want to receive email or other mail from us, let us know in writing. However, please note, if you do not want to receive legal notices from us, such as this privacy policy, those notices will still govern your use of Thrive Fitness and it is your responsibility to review them for changes.

  1. Notices and Revisions

If you have any concern about privacy at Thrive Fitness, please e-mail us a thorough description and we will try to resolve the issue for you. Our business changes constantly and our privacy policy and the website terms and conditions will also change from time to time. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account. However, we stand behind the promises we make and will never materially change our policies and practices to make them less protective of member information collected in the past without the consent of affected members.

  1. Social Media and privacy

 

From time-to-tome, Thrive Fitness may capture workouts or other activity and images for the purposes of posting to their social media channels. By registering as a Thrive Fitness customer, you agree to the possibility that your face or other recogniseable elements may be visible when shared in social media, and you may be tagged on occasion. If you would like to have these posts removed at any time or have your profile untagged, please contact the club General Manager at info@thrivefitnesssa.co.za or via Facebook Messenger on the Thrive Fitness SA Page. Unless a request is received in writing, Thrive Fitness will deem to have received permission granted as part of your registration process.

 

  1. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the General Manager, Hout Bay Thrive Fitness (Pty) Ltd, 31 Victoria Avenue, Hout Bay, Cape Town​, 7806, Cape Town, South Africa.

 

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