Fitii Ltd – Data Protection Policy (May 2018)
1. Introduction – responsibilities of Fitii
1.1 In the course of undertaking its business activities, Fitii collects, receives and processes information a) about its customers, being individuals who use the services of Fitii as a personal trainer hub (“Customers”) and b) about the customers and clients of its Customers (“Consumers”) who, through the Customers, link into and use the Fitii platforms and software functionality as part of the services that the Customers provide to their own Consumers. Fitii is legally responsible for ensuring that this information (“personal data”) is held and processed in accordance with the law and with individuals’ rights.
1.2 This Policy sets out how Fitii complies with the key rules governing the use of such data, including the requirements of the General Data Protection Regulation 2018 (“GDPR”). For the purposes of this Policy, “Data Protection Legislation” shall be taken to mean GDPR and any UK law concerning the protection of personal data, including any legislation which supplements or replaces GDPR and the Data Protection Act 1998 and laws relating to E-Privacy. In preparing this Policy, Fitii has taken into account guidance available at the time from the Information Commissioner’s Office (“ICO”) and has taken advice.
1.3 Words and phrases, such as “data controller” and “data processor” as used in this Policy shall have the meanings given to them in GDPR.
1.4 Fitii believes it is principally a “data processor” for personal data it holds and, with its Customers agreement, is required to hold that data for the Customer’s purposes. It also processes data of Consumers through their registration to the Customer and enables access to Fitii’s services. However, Fitii can also collect and hold such personal data itself, at which time it would be a “data controller”.
1.5 Fitii also processes the personal data of employees or appointed agents or consultants to Fitii who in effect work as part of Fitii and the term “employee” will be used to refer to such persons.
1.6 This Policy does not document every part of GDPR which may be relevant, but focuses on the key parts applicable to Fitii and its aim is to make Fitii compliant and to eliminate so far as is reasonably possible potential Data Protection Legislation breaches by Fitii and any harm or loss to Customers, Consumers or the employees of Fitii.
1.7 Fitii may review and amend this policy from time to time as it thinks fit, and will review it on at least an annual basis.
2. Data protection principles
Under Data Protection Legislation, Fitii is responsible for ensuring that personal data is held and processed in accordance with the data protection principles within the Data Protection Legislation. In summary, these principles are that personal data:
- (a) should be processed lawfully, fairly and in a transparent manner;
- (b) should be collected for specified, explicit and legitimate purposes, and must be processed in accordance with those purposes;
- (c) should be adequate, relevant and limited to what is actually necessary for the legitimate purpose for which it is collected;
- (d) must be accurate and kept up to date;
- (e) will be stored for no longer than is necessary and in a form that permits identification of data subjects;
- (f) must be processed in a lawful manner; and
- (g) shall be subject to appropriate security and safety measures.
For the purposes of GDPR, “processing” includes collecting and storing personal data.
3. Lawfulness of processing and obtaining consent
3.1 When processing personal data, under Article 6 GDPR, Fitii may only process where one or more lawful grounds apply.
3.2 Having considered GDPR and the business activities of Fitii, Fitii has concluded that its processing of personal data in undertaking its business activities is lawful on the following GDPR grounds:
- (a) the processing is necessary for the performance of a contract to which the data subject, being either a Customer or a Consumer, is party or will be (see Article 6(1)(b) GDPR). Fitii’s ‘Subscription Agreement’ is its direct contract created online with a Customer allowing the Customer to provide services to its Consumers; the Customer’s contract with a Consumer which contractually provides Consumers access to and use of Fitii’s platforms, software and services, is the contract to which the Consumer as a data subject is party.
- (b) the processing is necessary for the purposes of the legitimate interests (for the purposes of Article 6(1(f) GDPR) pursued by Fitii as instructed by its Customers on agreed terms in providing its services to Customers (and allowing the Consumers direct access to Fitii’s platforms and software) to help the Customers provide their own services to the Consumers. Providing such services for clients would not be possible without Fitii controlling and processing the Customer’s and the Consumer’s personal data, reviewing and evaluating the information to assist the Consumer in receiving the fitness and training services of Fitii. Clients clearly benefit from Fitii’s services and assistance in relation to which they have used Fitii; and
- (c) separately, Fitii processes employee’s personal data for the purposes of their salaries, bonuses, pensions and their employment records generally.
3.3 As a result, Fitii’s management has reasonably concluded that the legal basis for it processing personal data will be individual consent, except where this is otherwise necessary (see section 3.4 below) and that such consent is given by:
- (a) the Customer executing the Subscription Agreement in which Data Protection Legislation binding provisions and safeguards will be agreed; and
- (b) the Consumer:
- (i) executing its agreement in whatever form with the customer in which Fitii will require the Customer to obtain the positive consent of the Consumer to allow Fitii to hold and process the Consumer’s personal; data; and/or
- (ii) when first accessing Fitii’s online website and services and signing up as a registered user, the Consumer giving a positive consent to Fitii holding and using their personal data for the specific reasons concerned.
3.4 As it is possible that Consumers may submit to Fitii certain special categories of personal data and in particular medical records or histories, then Fitii recognises the need to obtain such explicit consent to the processing of that type of personal data for the purposes of Article 9 GDPR as described in paragraph 3.3(b)(ii) above.
4. Record keeping
4.1 Fitii is required to maintain a record of its processing of personal data activities containing specified information (see Article 30 GDPR). To enable Fitii to comply with this requirement it will:
- (a) ascertain what personal data is held by Fitii and which employees may have access to it or involvement (for the purposes of providing Fitii’s services to the Customer and the Consumer);
- (b) analyse what personal data may be transferred on by Fitii or processed for Fitii by a third party, for what reason and identifying such person or organisation (“Data Processors”);
- (c) have each Data Processor comply with the GDPR provisions in respect of a data processor as regards (among other things), the categories of processing carried out for Fitii; what procedures are in place to test and maintain accuracy of the personal data; and whether the personal data controlled or processed by the Data Processor is (or may be) transferred to a third party processor or transferred outside the European Economic Area.
5. Retention of data
5.1 Fitii recognises that personal data should not be held longer than is necessary. In general terms, very little physical hard copy personal data is held at all, and if so it is for a variety of periods of time depending upon the nature and type of the matter concerned. Such physical information – and thus the hard copy personal data within it – will be kept by Fitii for six years and then destroyed as such minimum period of time is required from tax and regulatory rules, guidance, codes and good industry practice, in addition to the fact that six years is often the limitation period in relation to claims. Fitii’s public liability insurers also require it.
5.2 As regards personal data in electronic digital form, the same principles apply. Digital personal data is securely encrypted and password-protected using one of the leading tailored IT software systems and Fitii will keep abreast of technological developments.
6. Privacy notices
6.1 Fitii will ensure that all Customers receive, in their Subscription Agreement with Fitii, full notice and details under Article 14 GDPR containing information about how the Customer’s personal data (and that of the Consumers) will be used. It will also contain a tick box under which they give Fitii consent to use their personal data to send them Fitii’s marketing and promotional information.
6.2 Fitii will ensure that the terms of the Subscription Agreement will also contain clear instructions to the Customers that their specific contracts with their Consumers shall contain suitable, adequate and appropriate express positive consent being given by the Consumer at sign up/registration stage to their personal data (and any special data) being passed to, held and processed by Fitii as the platform and service provider for the Customer, such details being sufficient under Article 14.
6.3 For further compliance, Fitii will, at the initial registration of a Consumer to use Fitii’s platform, software and services through the benefit of their contract with the Customer, obtain a clear positive consent of that Consumer allowing and agreeing to Fitii’s collection, use and processing of such personal data for the specific purposes which will be indicated (and any special personal data being so collected will have its own separate clear description as to purpose, how it is held and for how long.
6.4 Fitii engages third party PR and marketing agencies to promote Fitii, including through printed matter and by email sent to individuals. Fitii is aware of the individual’s consent, whether Customer, Consumer or otherwise, that it needs to do this. All such recipient databases containing those individuals who have consented to receiving such information will be held by the third party agency and in addition any emails sent out will include the appropriate notices concerning continuing consent.
6.5 Fitii does not intend to sell or pass to a third party any personal data for the purposes of that third party’s advertising to individuals.
6.6 The information in the Subscription Agreement and registration with Fitii’s platforms will include, amongst other things:
- (a) Fitii’s details (as a data controller and processor);
- (b) details of the purposes for which Fitii holds and processes personal data and the legal basis for that processing (as set out in section 3 above);
- (c) the likely recipients of personal data;
- (d) the period of time for which Fitii intends to hold the data; and
- (e) any supplementary information required by Article 13 GDPR or by other applicable Data Protection Legislation.
6.7 Fitii will review this information in its Subscription Agreement and website registration processes annually and will amend it to reflect any changes in Data Protection Legislation or in Fitii’s practice.
6.8 Fitii will keep this approach under review – including taking into account any guidance produced by ICO and industry standards set by appropriate bodies,.
6.9 This Policy will be available upon request to all and placed on the Fitii website and platform.
7. Rights of Individuals
7.1 Data subject access requests
- (a) Individuals are entitled to access their personal data held by Fitii on request (Article 15 GDPR). The response Fitii gives to a data subject access request must also include certain other information, such as the purposes of the processing; the recipients (or categories of recipient) to whom the personal data has or will be disclosed; and individuals’ rights to have their data corrected, deleted or to restrict the processing of their data.
- (b) Fitii has noted that, under GDPR, the information must be provided to individuals free of charge and within one month of the request.
- (c) Fitii will maintain a record of data subject access requests.
7.2 Right to be forgotten
- (a) Under GDPR, individuals have the general right to require Fitii to erase all data held in respect of them in various circumstances (Article 17 GDPR). The circumstances include if the individual withdraws consent to processing the data, the retention no longer being necessary for the original purpose for which it was collected and there is no other legitimate ground to justify the processing (see section 3 above). However, Fitii need not delete the data if an exception applies, including that the processing is necessary to comply with a legal obligation.
- (b) Fitii considers it unlikely that any individual will seek to exercise this right and has decided to review any request, and take advice, should the situation arise. However, the starting assumptions will be i) is the data is still necessary to be retained for the applying period with regard to the legitimate reason exception as described (and for the reasons given) above?; and ii) for the establishment, exercise or defence of legal claims in the future, whether by or against Fitii.
7.3 Right to rectification
- (a) Individuals have the right to have incorrect personal data about them corrected without undue delay (Article 16 GDPR). Fitii endeavours to have its data as up to date and correct as possible and to comply with the expectations of the ICO. Where an error is discovered, Fitii already corrects this as soon as possible.
7.4 Right to data portability
Individuals have the right, in certain circumstances, to access their data in machine-readable format and, where technically possible, to have their data transferred directly from Fitii to another data controller (Article 20 GDPR). Fitii has decided to take no action in relation to data portability at the current time but will monitor the situation and take advice should this become necessary in future.
8. System Security Measures
8.1 System perimeter security will secured using an advanced Firewall device setup to prevent non-essential assess via port access restrictions. All data is stored on secure servers provided by AWS (Amazon Web Services) – please refer to https://aws.amazon.com/security/. The Firewall provides an Intrusion Prevention System, logging all activity.
8.2 Fitii will have up to date device and server security. Endpoint devices are protected with TLS 1.2 (SHA256) protocol security software which includes protection for the following:
- (a) data controls – prevents the flow of sensitive data outbound;
- (b) device controls – prevents access to ROMS, USB and Wi-Fi;
- (c) anti-virus – protects the device from malicious content and files types including Malware, Phishing and Viruses;
- (d) web controls – prevents access to websites classified as potentially dangerous and/or offensive; and
- (e) ‘Windows’ updates – device operating systems (i.e. ‘Windows’) will be kept patched up to date using the ‘Windows Update Service’.
8.3 User access to Fitii’s systems will be controlled with a best practice “strong” password policy, which includes password complexity and renewal period rules. Access to application software will be controlled with two factor authentication rules.
8.4 Fitii will use G-Suite, supplied and provided by Google (please refer to https://gsuite.google.co.uk/intl/en_uk/security/?secure-by-design_activeEl=data-centers) Email Security’ which gives extensive email security measures. These include:
- (a) targeted threat protection – sandbox for both email attachments and URLs within emails providing additional protection from Ransomware style attacks and other types of malicious threats;
- (b) attachment management – this prevents the flow of dangerous file types and
- (c) anti-virus, phishing, malware and spoofing emails are trapped at the gateway before reaching endpoint devices; and
- (d) strong anti-spam protection following rules based policies.
9. Data security by Employees
9.1 The employees all have responsibility to ensure that in performing their duties they do not endanger the safety and security of personal data Fitii holds and processes and at all times act in an appropriate manner concerning the Data Protection Legislation generally and their individual obligations.
9.2 Fitii gives all employees a Privacy Notice which covers not only the Privacy Notice required by GDPR Article 14 as regards Fitii’s use of their own personal data, but also the obligations of Fitii which they must uphold and adhere to. A ‘Do’s and Don’ts’ list is also given to employees. All employees must be aware and cognisant of personal data security and confidence and this will be reinforced by training.
9.3 All Fitii employees will undertake mandatory formal training on data protection (and other issues) at suitable intervals and other training as Fitii considers appropriate.
9.4 Fitii will undertake Data Protection Impact Assessments (as defined in GDPR) (“DPIA”) as and when appropriate.
10. Use of Data Processors
10.1 Fitii shall ensure that it has a written contract which meets the requirements of GDPR in place with each data processor to which it may pass personal data to be processed. In particular, Fitii will expect each data processor to guarantee that it will meet the requirements of GDPR and will protect clients’ and other individuals’ rights.
10.2 Before engaging a new data processor, Fitii will check that:
- (a) the geography and location of the data processor and where the personal data will be processed;
- (b) the data processor has appropriate technical and organisational measures in place to keep personal data secure; and
- (c) the data processor’s staff who will be engaged in processing personal data in relation to the Scheme are subject to a duty of confidentiality and are aware of data protection matters and their obligations.
10.3 Fitii will seek appropriate assurances from each data processor as to the security arrangements it has in place. This may take the form of:
- (a) for an existing data processor, a short summary of its key data security measures;
- (b) for a new data processor, before entering into a new contract, a short statement of its key data security measures; and
- (c) subsequent confirmation from each continuing data processor every 36 months of what, if any, changes there have been to its security arrangements.
10.4 Fitii recognises that its data processors may wish to sub-contract some services, which may include sub-contractors processing data on behalf of the data processor. Fitii will ensure that its contract with a data processor wishing to do this will contain provisions concerning sub-contracting which meet the requirements of GDPR.
11. Data security breaches
11.1 Fitii takes seriously the need to deal with any data breach swiftly and appropriately to minimise or eliminate risk of detrimental impact on any data subjects. For this purpose, a data breach may include (but is not limited to) unauthorised disclosure of or access to personal data; or accidental or unlawful destruction of personal data; or loss or alteration of personal data.
11.2 Fitii shall require its employees and its data processors to report data breaches or complaints to Fitii’s Data Protection Officer promptly and to assist Fitii in ensuring compliance with the requirements of GDPR.
11.3 On being notified of a data breach or complaint, the Fitii Data Protection Officer will as soon possible notify Fitii’s senior management and Fitii shall initially deal with it through the process outlined in Fitii’s GPDR Complaints Policy.
11.4 Notwithstanding the initialisation of the procedure outlined in Fitii’s GDPR Complaints Policy, in any event where a data breach has occurred, Fitii shall consider whether it is necessary or appropriate to notify the Information Commissioner’s Office (“ICO”) or the affected individual in the event of a data breach, and will take professional advice as a matter of urgency where required.
11.5 Fitii will maintain a record of any data breaches and complaints and action taken in relation to each breach and complaint in inventory form.
11.6 Fitii will act reasonably in assisting data controllers of information it holds and its appointed sub-processors in investigating and resolving any breaches of this Policy or GDPR generally and will review, update and amend this Policy (and others) in the light and context of any breaches or issues arising.
12. Data Protection Officer and Data Protection Impact Assessments
12.1 Fitii has considered the sections under Data Protection Legislation to appoint a data protection officer (“DPO”) or to carry out a data protection impact assessment (“DPIA”) in certain circumstances.
12.2 Fitii, having considered the possibility of appointing a Data Protection Officer as described in GPDR, has concluded that it is required to appoint a DPO.
12.3 Under GDPR, organisations are required to undertake a DPIA “where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons.”
12.4 Fitii does not believe that at the present time the nature of its processing (which – as set out in section 3 above – is fundamentally to provide a central database and hub for service users of its Consumers as required by its Subscription Agreement obligations is such that there is likely to be a high risk to the rights and freedoms of individuals and it has concluded that it is not necessary for it to undertake any DPIAs at the present time.
This Version 1.1 of this Policy was adopted by the directors of Fitii Limited on 23 May 2018.