Access to and use of fitkin.com both within the UK and internationally is provided on the following terms:
1. By using fitkin.com you agree to be bound by these terms, which shall take effect immediately on your first use of fitkin.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to fitkin.com.
2. These terms may change from time to time and so you should check these terms regularly. Your continued use of fitkin.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.
3. You agree to use fitkin.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of fitkin.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within fitkin.com.
Intellectual Property
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on fitkin.com. and all content (including all applications) located on the site shall remain vested in fitkin.com or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use fitkin.com. content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any fitkin.com. content except for your own personal, non-commercial use. Any other use of fitkin.com content requires the prior written permission of fitkin.com.
5. The names, images and logos identifying fitkin.com, associated companies and third parties and their products and services are subject to copyright, design rights and trade marks of fitkin.com, associated companies and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of fitkin.com, any associated companies or any other third party.
Disclaimers and Limitation of Liability
6. Neither fitkin.com or any associated companies or third parties or any of its affiliates, subsidiaries or connected companies or individuals are responsible for any content posted by members of the public on fitkin.com or for the availability or content of any third party sites that are accessible through fitkin.com. Any links to third party websites from fitkin.com do not amount to any endorsement of that site by the team and any use of that site by you is at your own risk.
7. All content, including the information, names, images, pictures, logos and icons regarding or relating to any products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, fitkin.com and any associated companies or third parties exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Fitkin.com does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by fitkin.com and any associated companies or third parties is correct at the time of publication no responsibility is accepted by or on behalf of fitkin.com and any associated companies or third parties for any errors, omissions or inaccurate content on the website.
8. Nothing in these terms limits or excludes fitkin.com and any associated companies or third parties liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, fitkin.com and any associated companies or third parties shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of michaelnyman.com regardless of the form of action.
9. Fitkin.com and any associated companies or third parties do not warrant that functions available on fitkin.com will be uninterrupted or error free, that defects will be corrected, or that fitkin.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
General
10. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
11. The failure or delay of michaelnyman.com and any associated companies or third parties to exercise or enforce any right in these terms does not waive fitkin.com and any associated companies or third parties right to enforce that right.
12. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
PRIVACY POLICY
1. Introduction and General Terms
Fitkin.com and any associated companies or third parties are committed to protecting you and your family’s personal information when you are using fitkin.com. We want our services to be safe and enjoyable environments for our audience. This Privacy Policy relates to our use of any personal information you provide to us through fitkin.com.
In order to provide you with the full range of services, we are sometimes required to collect information about you.
This privacy policy explains the following:
- what information we may collect about you;
- how will we use information we collect about you;
- when we may use your details to contact you;
- whether we will disclose your details to anyone else;
- your choices regarding the personal information you have provided to us;
- the use of cookies on the website and how you can reject these cookies.
Fitkin.com is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information, including the Data Protection Act 1998 (these laws are referred to collectively in this Privacy Policy as the “data protection laws”).
The website fitkin.com contains hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies, and we urge you to review them. They will govern the use of personal information you submit or are collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
2. What information will you collect about me?
When you sign up to participate in or receive a service from the fitkin.com website, or register with fitkin.com, we may ask for personal information about you. This can consist of information such as your name, email address, postal address, telephone or mobile number or date of birth. Different webpages may ask for different personal information.
By entering your details in the fields requested, you enable fitkin.com and its service providers to provide you with the services you select.
Please note that sometimes on particular webpages we will require you to provide additional personal information, and sometimes sensitive personal information. When we do this we will specify further on these webpages why we are collecting your information and how we will use it.
We also uses cookies (see section 11 below for details) and collect IP addresses (an IP address is a number that can uniquely identify a specific computer or other network device on the internet). We use analysis software to look at IP addresses and cookies for the purpose of enhancing your user experience. This information is not used to develop a personal profile of you and the log files are regularly purged.
We also use your IP address to determine whether you are accessing the services from the UK or not.
3. How will you use the information they collect about me?
fitkin.com and any associated companies or third parties will use your personal information for a number of purposes including the following:
- to contact you about a submission you have made to the websites, including any content you provide.
- to personalise the way the content is presented to you.
- IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and
- to provide us with research material and case studies for our activity.
- to analyse your material, data to provide research data for our activity
- to analyse and improve the services offered on our website e.g. to provide you with the most user-friendly navigation experience.
Where we propose using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.
4. When will you contact me?
We may contact you:
- in relation to the functioning of any service you have signed up for in order to ensure that we can deliver the services to you;
- where you have opted to receive further correspondence or are prepared to discuss specific contribution in more detail;
- to invite you to participate in surveys, research groups, activities about the causes stated on our website (participation is always voluntary)
5. Will fitkin.com and any associated companies or third parties share my personal information with anyone else?
We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies) or as described in paragraph 7 below. Generally, we will only use your information for research purposes. However, sometimes we use third parties to process, analyse, interpret and assess your information. We will require these third parties to comply strictly with its instructions and we will require that they do not use your personal information for their own business purposes.
6. Offensive or inappropriate content on the fitkin.com website
If you post or send offensive, inappropriate or objectionable content anywhere on or to the fitkin.com website, or otherwise engage in any disruptive behaviour on the website, we may use your personal information to stop such behaviour. Where we believe that you are or may be in breach of any of the laws of England or Wales (e.g. because content you have posted may be defamatory), we may use your personal information to inform relevant third parties such as your employer, school, e-mail/Internet provider or law enforcement agencies about the content and your behaviour.
7. What if I am a user aged 16 or under?
If you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to fitkin.com website. Users without this consent are not allowed to provide us with personal information.
8. How long will you keep my personal information?
We will hold your personal information on our systems for as long as is necessary for the relevant service. Once an account is deleted a red flag goes on the database and, while people cannot use the personal information, it stays on the system for a period of one year for administration purposes before being deleted automatically.
Where you contribute to the fitkin.com website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted. Certain projects (e.g. projects, artist interviews etc) are likely to have a longer, or even permanent, duration.
9. Can I find out what personal information you hold about me?
Under the Data Protection Act you have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected. (We charge £5 for information requests and will require you to prove your identity with 2 pieces of approved photographic identification). We will use reasonable efforts to supply, correct or delete personal information about you on our files.
Please address requests and questions about this or any other question about this via the enquiry form on the contact page.
10. Changes to fitkin.com and any associated companies or third parties Privacy Policy
This privacy policy may be updated from time to time so you may wish to check it each time you submit personal information to the fitkin.com website. The date of the most recent revisions will appear on this page.
11. Cookies Policy – Information we collect from you
a. What is a cookie?
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track on-line traffic flows.
Cookies record information about your on-line preferences and allow us to tailor the websites to your interests. Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the fitkin.com features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
During the course of any visit to fitkin.com, the pages you see, along with a cookie, are downloaded to your device. Many websites do this, because cookies enable website publishers to do useful things like find out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.
b. How do we use cookies?
Information supplied by cookies can help us to analyse the profile of our visitors and help us to provide you with a better user experience. Fitkin.com and associated companies or third parties also use a number of independent measurement and research companies. They gather information regarding the visitors to fitkin.com on our behalf using cookies, log file data and code which is embedded on our website. Fitkin.com and associated companies or third parties use this type of information to help improve the services it provides to its users. Fitkin.com and associated companies strictly require that third parties do not use any information for their own business or other purposes. Certain other areas of fitkin.com may use cookies for a specific reason – for example, to help an application or function to work effectively on your device. If this is the case, the local terms for that area of the website will make this clear and you should refer to those local terms for additional information.
