Privacy Policy

Last modified as of 24 September 2010

PLEASE READ THE FOLLOWING TERMS OF THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE

The privacy of your Personal Information (as defined below) is afforded the highest level of importance by SP Health (UK) Limited (registered number 07386197) trading as “The Biggest Loser Club” (the “Company”).  The Company is bound by the Data Protection Act 1998 (the "Act") regarding the manner in which the Company handles your Personal Information and how the Company responds to your requests to access and correct it.  This Privacy Policy sets out the Company’s information handling procedures and the rights and obligations that both you and the Company have in relation to your Personal Information. For the purposes of the Act, the data controller is SP Health (UK) Limited.

The terms of this Privacy Policy shall form part of the Terms and Conditions of Use of this Website and any agreement between you and the Company (“Agreement”).  In case of any inconsistency between the Terms and Conditions of Use and/or any Agreement and this Privacy Policy, the Terms and Conditions and/or the Agreement shall prevail.

1. How the Company collects your Personal Information

The Company collects your Personal Information primarily as a result of correspondence the Company engages in with you for example, through application forms, telephone conversations, feedback provided by you or the posting of material in our Community Section.  In the event of a complaint, we may also receive Personal Information about you from other parties or from other users of this Website or third parties who may communicate information to us in relation to that complaint.  The Company also collects Personal Information from sources that are publicly available such as websites, journals and phone books.  Sometimes, the Company collects Personal Information about the Company’s customers from its sales agents, representatives or distributors.

2. Cookies

A cookie is a piece of data temporarily stored on the user's hard drive containing information about the user.  The cookie helps the user to save time.  For instance, by setting a cookie on this Website, the user would not have to log in a password more than once, thereby saving time while on this Website.  Web browsers can be set to reject cookies.  If a user rejects the cookie they may still use this Website, but may not be able to take advantage of certain features.

Some of our business partners use cookies on this Website (for example, advertisers).  However, we have no access to or control over these cookies.

Cookies help us evaluate your use of this Website, such as what kind of information you want to see and what kind you will never read.  Cookie technology allows websites to ask for your registration and preference questions only once.  The next time you return to this Website you will not necessarily need to "sign in" again.  Remember that cookies are "non-executable" pieces of code; that is, they are incapable of doing anything to your hard drive.

Cookies are easy to delete from your hard drive; talk to your systems administrator or your Internet provider for detailed instructions.

The Company does not make use of cookies on this Website to collect Personal Information about visitors to this Website.

3. Kinds of Personal Information that the Company holds about you

The Company only holds your Personal Information if it is relevant to providing the services and products that the Company provides.  Personal Information generally includes your name, address, contact details, including both or either postal and/or email addresses, occupation, hobbies, interests, payment details, account number, records of correspondence and billing and credit status and statements.  If you are one of the Company’s suppliers, the Company may collect other Personal Information about you that the Company feels is necessary, such as the nature of the products or services that you supply, quotes that you provide and your direct credit details.  If you are a non-profit organisation that the Company has agreed to assist, the Company may collect Personal Information about how you make use of the products or services that the Company provides to you.  In certain circumstances, the Company may hold sensitive Personal Information about you, such as information about your race, ethnic origins, family medical history and status, dietary requirements, previous illnesses or injuries or current or expected state of health (such as information about your height, weight and age).  However, the Company will only do so if it has been collected with your express consent.

All the personal information referred to in this paragraph 3 is collectively referred to as “Personal Information” for the purposes of this Privacy Policy.

4. Personal Information and Children

While the Company does not specifically market to customers under 18 years of age ("Children"), it is aware that Children may wish to utilise the Company's services from time to time.  In the interests of ensuring the maximum level of protection of privacy for Children, the Company will not knowingly collect, use or disclose Personal Information of a Child, without obtaining the prior written consent of a parent or guardian.  The Company believes that this Privacy Policy affords adequate protection of privacy for Children once this consent has been granted.

5. How the Company holds your Personal Information

Depending on the circumstances, the Company may hold your Personal Information in either hard copy or electronic form, or both.  Generally, a copy of all written correspondence is held in hard copy and the Company’s client database and email correspondence is held in electronic format.

6. How the Company uses your Personal Information

The Company uses your Personal Information:

  • to provide you with its products and services;
  • to administer its customer relationship with you;
  • for internal purposes such as procedural assessments, risk management, product and service reviews, staff training, accounting and billing; and
  • to identify, and inform you of, products and services that may be of interest to you.

If you are one of the Company’s suppliers, the Company may use your Personal Information to facilitate its business relationship with you, for example, to assess goods or services that you supply or to review a commercial proposal that you have put to the Company.

We also use IP addresses in order to analyse trends, administer this Website, track users’ movements and gather broad demographic information.  IP addresses are not linked to Personal Information.

7. How the Company discloses your Personal Information

Generally, the Company will only disclose your Personal Information for a purpose that is related to the product or service that the Company is providing to you.  This may include disclosures to organisations that provide the Company with professional advice, such as medical practitioners, related health service providers, dieticians, solicitors, accountants and business advisors, and to contractors to whom the Company out-sources certain functions, such as mailing houses, electronic network administrators and debt collection agencies.  However, where possible, the Company takes contractual measures, and, in all other circumstances, takes all reasonable measures, with the Company’s contractors to ensure that they comply with the obligations set out in the Act.  If the Personal Information that the Company is disclosing is of a highly sensitive nature, the Company may require its contractors to complete their work in-house and will not permit them to disclose that Personal Information to subcontractors.

The Company may also disclose Personal Information where it is expressly permitted under the Act, for example, where it is with your consent or where the Company is legally required to do so, such as under a court order or taxation laws.  Also third parties may unlawfully intercept or access transmissions or private communications.  As a result, while we strive to protect your Personal Information, we cannot ensure or warrant, and do not warrant, the security, privacy or confidentiality of any information, including Personal Information, that you transmit to us, and you do so at your own risk.

In the unlikely event that we need to investigate or resolve problems or enquiries, we can (and you authorise us to do so) disclose any Personal Information about you to private entities, law enforcement or other government officials as we, in our discretion or as may be required under law, believe necessary or appropriate.

8. Sharing of your Personal Information

We will share aggregated demographic information with our partners and advertisers.  This is not linked to any Personal Information that can identify any individual person.

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services.  These companies do not retain, share, store or use Personal Information for any secondary purposes and our agreements with such providers restrict the use of that information.

From time to time, we may partner with another party to provide specific services.  When the user signs up for these services, we will share names, or other Personal Information that is necessary for the third party to provide these services.  These parties are not allowed to use Personal Information except for the purpose of providing these services.

  • Third Parties Generally

We may provide to third parties your Personal Information that does not allow you to be identified or contacted, including where such Personal Information is combined with similar information of other users of this Website.  For example, we might inform third parties regarding the number of unique users who visit this Website, the demographic breakdown of the users of this Website, or the activities that visitors to this Website engage in while on this Website.  The third parties to which we may provide your Personal Information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

  • Outside Contractors

We may engage independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to this Website or online products, such as hosting and maintaining our Community Section, providing credit card processing and fraud screening, and developing applications for this Website and email services.  These Outside Contractors may sometimes have limited access to information collected on this Website, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us.  We also require that these Outside Contractors:

(a) protect the privacy of your Personal Information consistent with this Privacy Policy, and
(b)  not use or disclose your Personal Information for any purpose other than providing us with products or services for which we contract.

  • Third Party Sellers

In addition, through this Website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, "Third Party Sellers").  We will attempt to make it clear to you when you are dealing with a Third Party Seller.  For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than SP Health, then you are probably on, or about to enter, a website hosted or operated by a person or company other than us.  Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them.  You do not need to submit this information or purchase any products or services from Third Party Sellers to access this Website.  By submitting the requested information, you thereby affirmatively consent to have that information collected by the Third Party Seller.  This information will be used by the Third Party Seller and may be subject to a different privacy policy.  We do not otherwise share or disclose your Personal Information to Third Party Sellers.

  • Sale of Business

We reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of any of us or our Affiliates provided that the third party agrees to adhere to the terms of this Privacy Policy.

  • General Considerations

Please keep in mind that:

(a) whenever you voluntarily disclose Personal Information online – such as in discussion forums, sharing information in our Community Section or sending private messages through the discussion forums – that Personal Information can be collected and used by others, without your prior consent or knowledge.  If you disclose such Personal Information, that is accessible to the public, you may receive unsolicited messages from parties who have used that Personal Information; and

(b) you are solely responsible for maintaining the security of your passwords and/or any account information.  Accordingly, please be careful and responsible with your Personal Information, whenever you are online.

Please note that if you provide any Personal Information to parties who provide service to this Website or any other websites you encounter on the Internet (even if these websites are branded with our branding), different rules may apply to their use or disclosure of the Personal Information you disclose to them.  We encourage you to investigate and ask questions before disclosing Personal Information to any of those third parties.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. 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 Information to these websites.

9. How the Company secures your Personal Information

The Company holds all hard copy and electronic records of Personal Information in a secure manner to ensure that they are protected from unauthorised access, modification or disclosure.  The Company’s staff follow strict information handling procedures and the Company only permits those staff whose tasks require use of your Personal Information to access it.  The Company deletes your Personal Information once it is no longer needed or required to be kept by law by shredding hardcopy records and degaussing (demagnetising) electronic records.

10. Your right to lodge a complaint

If you are not satisfied with how the Company has handled your Personal Information, you are entitled to lodge a complaint with the Information Commissioner.  Information regarding how to lodge a complaint is available from the Information Commissioner's website at www.ico.gov.uk. However, before investigating a complaint, the Information Commissioner is legally required to be satisfied that you have first expressed your concern to the Company to afford it an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so.  You may lodge a complaint with the Company’s Privacy Officer either by mail to 10 John Street, London WC1N 2EB, by telephone on +61 2 9923 8222, by facsimile on +61 2 9923 8223 or by email to privacyofficer@sphealth.co.uk.  The Company will inform you who will handle your complaint and you may contact the Company’s Privacy Officer to enquire about the progress of the complaint at any time.

11. Your right of access

You may request access to your Personal Information at any time by sending a written request to the Company’s Privacy Officer by mail to 10 John Street, London WC1N 2EB, by telephone on +61 2 9923 8222, by facsimile on +61 2 9923 8223 or by email to privacyofficer@sphealth.co.uk.  In your request, please state how you would like to obtain access.  For example, you may like to inspect the Company’s records of your Personal Information at the Company’s premises or you may prefer to be sent a photocopy or an electronic version of your Personal Information.  You do not need to provide a reason for your request.  Once the Company’s Privacy Officer has verified your identity, your request will be forwarded to the Company’s information systems manager who will acknowledge receipt of your request within 14 days and arrange for access to be provided to you in an appropriate manner within a reasonable time, usually within 30 days of receipt of your request.  The Company may charge a fee of £10 for providing access if a significant amount of time is required to locate your Personal Information or to collate or present it in an appropriate form.

In rare circumstances, and only where it is permitted under the Act, the Company may not be able to provide you with access to your Personal Information; for example, where it will have an unreasonable impact on the privacy of others, where it would put at risk a criminal investigation or catching an offender, where it relates to legal proceedings between the Company and you through which the Personal Information would not otherwise be available, where it would be prejudicial to negotiations the Company is holding with you, where the Company is required by law to withhold the Personal Information or where it would reveal information relating to the Company’s commercially sensitive decision making processes.  If the Company is unable to provide you with the requested access, the Company will state why this is so and consider whether the use of an intermediary would be appropriate to provide you with an explanation of the Company’s position.

12. You may correct your Personal Information

If your Personal Information is out-of-date or incorrect, you may inform the Company of this and the Company will correct it for you.  However, you can correct some of your Personal Information held by the Company in the My Account feature of this Website.  In the unlikely event that the Company disagrees about the accuracy of the Personal Information provided and is unable or unwilling to change it, you may provide the Company with a statement indicating that you dispute its accuracy and the Company will associate that statement with your Personal Information in such a manner that it will be brought to the attention of each person who uses the Personal Information.

13. Your choices regarding the collection, disclosure and distribution of Personal Information

Except as otherwise described in this Privacy Policy, we will only use Personal Information for the purposes described above or as otherwise disclosed at the time we request such information from you.  You must "opt-in" and give us permission to use your Personal Information for any other purpose.  If you no longer wish to receive marketing communications and newsletters from us via postal mail, you may notify us by contacting the Company’s Privacy Officer by mail to 10 John Street, London WC1N 2EB, by telephone on +61 2 9923 8222, by facsimile on +61 2 9923 8223 or by email to privacyofficer@sphealth.co.uk. You may change your preference and "opt-out" of receiving other marketing communications and newsletters by changing that option in the My Account feature of this Website, following the directions provided in association with the communication, or by contacting our Privacy Officer at the address set out above.

Users of this Website are notified when Personal Information is being collected by third parties on this Website.  We do this so you can make an informed choice as to whether you should disclose information to a third party.

14. Promotional Information

The Company would like to send you marketing communications and newsletters about goods and services that the Company believes may be of interest to you.  However, the Company understands that you may not wish to receive such material.  If so, please inform the Company’s Privacy Officer of this in writing by mail to 10 John Street, London WC1N 2EB, by telephone on +61 2 9923 8222, by facsimile on +61 2 9923 8223 or by email to privacyofficer@sphealth.co.uk and the Company will ensure that your name is removed from its mailing list.

15. Transfer of your Personal Information overseas

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

16. The Company may need to change its Privacy Policy from time to time

Due to changing business circumstances, the Company may need to change its Privacy Policy from time to time.  If the Company does, it will endeavour to ensure that your overall level of privacy protection is not diminished and will publish the changes on this Website.  Any actions that the Company has taken before the change will continue to be regulated by the Privacy Policy that existed before the changes were made.

You are encouraged to check this Website regularly to consider, and act upon if so desired, any changes to the terms of this Privacy Policy.

17. Further Personal Information

The Company will, upon receipt of your request, provide you with further Personal Information regarding your privacy.  If you have any queries or requests in this respect, please contact the Company’s Privacy Officer either by mail to 10 John Street, London WC1N 2EB, by telephone on +61 2 9923 8222, by facsimile on +61 2 9923 8223 or by email to privacyofficer@sphealth.co.uk.

BY USING THIS WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THIS WEBSITE.  YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

(Last modified as of 24 September, 2010)