REST OF THE WORLD PRIVACY NOTICE

WHY DO WE HAVE THIS PRIVACY NOTICE?

We are Yoganastix, LLC. and treating individuals and their personal information with respect reflects our core values and the values of our brand(s). So, we want you to know as much as possible about what we do with your personal information. Also, you and your personal information are protected by various laws and guidance and Twisted Gear, Inc. is committed to upholding these and respecting your privacy and keeping your information safe. So, whilst this privacy notice is quite long, we want you to be fully informed. In this privacy notice any reference to "us", "we", "our" or "ourselves" is a reference to Twisted Gear, Inc., and the particular part of the Yoganastix, LLC. group that you have a relationship with and any reference to "you", "your" and "yourself" is a reference to you as an individual who has a relationship with us or is in contact with us.

This privacy notice applies to everyone who interacts with us in any way, unless the reason you interact with us is already covered by another of our privacy notice(s). So, this privacy notice will not apply in relation to you to the extent you are currently applying or have applied to work for Yoganastix, LLC., you are one of our current or former staff, you are a customer or prospective customer of ours, you are a user of any of our apps or if your personal information has been captured by our CCTV or Access Control systems.

This privacy notice provides details in accordance with data protection laws about how we collect and use personal information about you during and after your relationship with us. As this privacy notice covers a wide range of individuals and different types of relationships and interactions with us, not all aspects of this privacy notice may apply to you depending upon the nature of your relationship and interactions with us. If you are unsure then you can always ask us by contacting Rachael@Yoganastix.com 

 

YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period of your interactions with us.

WHAT IF YOU DO NOT PROVIDE PERSONAL INFORMATION?

Failing to provide some of the personal information we require may have an adverse impact on our ability to interact with you. However generally you are not obliged to provide us with any of your personal information.

 

 

DATA PROTECTION PRINCIPLES

We are committed to being transparent about how we collect and use your personal information and in meeting our data protection obligations.

Data protection laws say that the personal information we hold about you must be:

• Used lawfully, fairly and in a transparent way.

• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.

• Relevant to the purposes we have told you about and limited only to those purposes.

• Accurate and kept up to date.

• Kept only as long as necessary for the purposes we have told you about.

• Kept securely. To make sure this happens we are required under data protection laws to notify you of the information contained in this privacy notice. It is important that you read this document before you begin interacting with us so that you understand how and why we will process your personal information.

 

HOW WILL WE USE YOUR PERSONAL INFORMATION?

There are many ways we will need to use your personal information in the context of your relationship with us. We have set out the main uses below, and indicated the main applicable legal bases of processing, but there may be other specific uses which are linked to or covered by the uses below.

• We will process your personal information to conduct any business or other relationship we have with you. For example, we may need to process your personal information to provide you with a contract if you are an influencer for or supplier to our business, we will need to perform any contract we have with you or an organization you work for, you might be an associate member of our lifting club and we will process your information so you can use our gym facilities, or you might have accepted the chance to take part in our events, promotions or campaigns. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. We may also in some limited cases rely on your consent.

• We also need to monitor and manage our relationship with you, which may involve meetings, assessments, communications with you, decisions regarding your relationship with us. As well as relating to the entry into or the performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.

• We may need to process your personal information in order to hold or conduct promotions or campaigns. This may relate to the entry into or performance of a contract with you either directly or indirectly, it may be in our legitimate interests, and in some cases, we may rely on your consent to do this.

• We may need to process your personal information to help train our staff, and make sure they deliver the high standards expected in relation to our brand. This will be in our legitimate interests.

• We may need to carry out background, identity or other checks in relation to you or to carry out credit checks to decide whether to enter into a business relationship with you. This will be in our legitimate interests, and in some cases, we may have a legal obligation to do so.

• As a business we may have many legal obligations connected to our relationship with you or connected to visiting our premises which we need to comply with, for example, to comply with health and safety laws so we can ensure it is safe for you to use our gym facilities, to comply with data protection laws, to make filings at Companies House, to ensure equality and equal opportunities or to invoke other legal rights.

• We will also need to keep and maintain proper records relating to your relationship with us and information about you which is relevant to that relationship. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations to do this.

• In some cases, we may need to process your personal information to prevent, detect or prosecute criminal activity. This will also be in our legitimate interests; we may also have legal obligations or be exercising a legal right to do this, and it will also be in the public interest.

• You may have contacted us about a query, complaint or enquiry and we need to be able to respond to you and deal with the points you have raised. This will also be in our legitimate interests; we may also have legal obligations or be exercising a legal right to do this

• We may need to gather evidence for and be involved in possible legal cases. As well as relating to the entry into of a contract with you either directly or indirectly, this will also be in our legitimate interests, we may also have legal obligations or be exercising a legal right to do this and it may also be needed to establish, bring or defend legal claims.

• To manage and keep a record of our relationship with you and any associated information. It may relate to the entry into or performance of a contract with you either directly or indirectly, it will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this. 

To ensure effective general business administration and to manage our business. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.

• To obtain referrals from other organizations you have worked for or with. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this.

• To monitor any use, you make of our information and communication systems and our website and social media accounts to ensure compliance with our information technology policies, ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution and also to monitor your use of our website and social media. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this. In relation to social media, you may also have already made the personal information public.

• We may need to process your personal information to help train our staff, and make sure they deliver the high standards expected in relation to our brand. This will be in our legitimate interests.

• To conduct data analytics and analysis studies to review and better understand trends and improve our business, use of our website and social media which relates to us, and those same things in relation to our competitors. This will also be in our legitimate interests, and we may also have legal obligations or be exercising a legal right to do this. We may sometimes anonymize and aggregate personal information for insight and research purposes, but this information will not identify you.

• We may be carrying our market and/or product research, for example so that we can improve our offering and range of products or improve our use of our website or social media. This will be in our legitimate interests.

CHANGE OF PURPOSE

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you by updating this privacy notice on our website, so please check back regularly for any updates. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. We will rarely need to rely on your consent to process any of your personal information.

 

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We are committed to keeping your personal information safe and secure and so we have numerous security measures in place to protect against the loss, misuse, and alteration of information under our control. We will always aim to use best in class security systems implemented across our networks and hardware to ensure access and information are protected. Our security measures include:

• Encryption of personal information where appropriate.

• Regular cyber security assessments of all service providers who may handle your personal information.

• Regular planning and assessments to ensure we are ready to respond to cyber security attacks and data security incidents.

• Regular penetration testing of systems.

• Security controls which protect our information technology systems infrastructure and our premises from external attack and unauthorized access.

• Regular backups of information technology systems data with functionality to correct errors or accidental deletion/modification to data.

• Internal policies setting out our information security rules for our staff.

• Regular training for our staff to ensure staff understand the appropriate use and processing of personal information.

• Where we engage third parties to process personal information on our behalf, they do so on the basis of our written instructions, they are under a duty of confidentiality and are obliged to implement appropriate technical and organizational measures to ensure the security of personal information. We take information security very seriously and will use all reasonable endeavors to protect the integrity and security of the personal information we collect about you.

FOR HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

We will hold your personal information for the duration of your relationship with us and then usually for a further period of up to 6 years after that. However, for some business relationships, for example those relating to land or leases of premises, we may need to keep records for 12 years or more. Whichever time period normally applies, in some cases we may need to keep your personal information for longer, for example if it is still relevant to a dispute or legal case or claim.

We will not retain your personal information for longer than necessary for the purposes for which it was collected, and it is being used. We do not guarantee to retain your personal information for the whole of the periods set out above; they are usually the maximum period, and in some cases, we may keep your personal information for a much shorter period. For more information please see our Data Retention Policy which can be obtained from our DPO at support@twistedswag.com

YOUR RIGHTS

As an individual whose personal information we collect and process, you have a number of rights. You may:

• Withdraw any consent you have given to us, although this will only be relevant where we are relying on your consent as a basis to use your personal information, but it is an absolute right. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose or purposes for which you originally gave your consent, unless we have another legal basis for doing so.

You can opt-out of targeted advertising by:

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

• Request details about how your personal information is being used. This right is linked with the right of access mentioned below.

• Request access and obtain details of your personal information that we hold (this is commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

• Request erasure of your personal information. This means that you can ask us to delete or stop processing your personal information, for example where we no longer have a reason to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (set out below). The right to have data erased does not apply in all circumstances.

• Object to the processing of your personal information where we are relying on a legitimate interest (ours or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.

• Object to direct marketing where we are processing your personal information for direct marketing purposes, for example contacting you about products that might interest you. This is an absolute right.

• Request the restriction of processing of your personal information. This enables you to ask us to stop processing your personal information for a period if data is inaccurate or there is a dispute about whether or not your interests override our legitimate grounds for processing data.

• Request the transfer of your personal information to another party in certain circumstances.

• Object to certain automated decision making processes using your personal information. You should note that some of these rights, for example the right to require us to transfer your personal information to another service provider or the right to object to automated decision making, may not always apply as they have specific requirements and exemptions which apply to them and they may not apply to personal information recorded and stored by us.

Also, for example we do not use automated decision making in relation to your personal information which has legal or other significant effects for you, but we do use automated processing to show you relevant advertisements. However, some of your rights have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights. If you would like to exercise any of these rights.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person or dealt with by a person who has no right to do so. Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a complex area of law. More information about your legal rights can be found on the ICO’s website at https://ico.org.uk/for-the-public/.

COMPLAINTS

We hope you don’t have any reason to complain, and we will always try to resolve any issues you have, but you always have the right to make a complaint at any time to the ICO if you are based in the UK about how we deal with your personal information or your rights in relation to your personal information.

If you are based outside of the UK, you may have the right to complain to your local data protection regulator. You can make a compliant in writing to the ICO, Wycliffe House, Water Lane, Wilmslow, SK9 5AF, United Kingdom or you can go to https://ico.org.uk/make-a-complaint/.

CONTACTING US

If you have any queries regarding our use of your personal information or this privacy notice then please contact us Rachael@yoganastix.com  or write to, Yoganastix, LLC.1520 N. Cave Creek Rd., Phoenix, Arizona 85032. Dated: March, 1 2023