GENERAL WEBSITE TERMS AND CONDITIONS OF USE
Throughout these terms and conditions, the website you are currently viewing may be referred to as “aspireperformance.ie” or “Aspire” (and it’s associated websites)”.
No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this website nor to the suitability or otherwise of the information to your particular circumstances.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). Our liability is limited and excluded to the maximum extent permitted under applicable law.
We cannot and will not guarantee that this website is free from computer viruses or anything else that has destructive properties.
Advanced Sports Performance Ireland Ltd does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website.
We will not be liable for any direct, indirect, consequential, or other loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information on this site. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Access to certain areas of our website is restricted. We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password [at our sole discretion] [OR] [if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us].]
Bulletin board / chat room / comments. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website for any purposes related to marketing without our express written consent. You must not use our website to copy, publish or send mass mailings or spam. You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Irish and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any persons intellectual property rights or rights of confidence, impinge upon any persons privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing. We reserve the right to edit or remove any material posted upon our website. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you. In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
This notice will be governed by and construed in accordance with Irish law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Ireland.
We may edit, move, or delete any content on www.aspireperformance.ie and it’s associated websites e.g. aspireperformance.ie/donegal, (including content that you have provided) or terminate all or part of www.aspireperformance.ie without notice or liability for any reason at our sole discretion. You acknowledge that Advanced Sports Performance Ireland Ltd and www.aspireperformance.ie staff have unfettered editorial discretion to determine the structure and content of www.aspireperformance.ie and that, because a gym’s placement on our site is subject to change or deletion at any time, you may not rely on any aspect of your inclusion on this website. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any content on www.aspireperformance.ie or to the title or description of any text appearing in www.aspireperformance.ie.
We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on www.aspireperformance.ie originating with or otherwise provided by third parties.
This website provides links to other websites owned by third parties. The content of such third party sites is not within our control, and we cannot and will not take responsibility for the information or content thereon, or any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. Links to such third party sites are not to be taken as an endorsement by Advanced Sports Performance Ireland Ltd of the third party site, or any products or services promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has destructive properties. We cannot and do not take responsibility for the collection or use of personal data from any third party site. In addition, we will not accept responsibility for the accuracy of third party advertisements.
You waive any claim resulting from your exposure to material on or through www.aspireperformance.ie that is offensive, indecent, or otherwise objectionable.
You will indemnify Advanced Sports Performance Ireland Ltd, Advanced Sports Performance Ireland Ltd, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related in any way to your use of or conduct on www.aspireperformance.ie.
We make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, software, products, or other materials available through www.aspireperformance.ie, and you should not rely upon them. We provide www.aspireperformance.ie on an “as is, as available” basis. You use it at your own risk, and Advanced Sports Performance Ireland Ltd, its employees, distributors, directors, and agents are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from its use. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty not set forth in this agreement will be valid. If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
You acknowledge and agree that the content on www.aspireperformance.ie and its design, structure, and compilation are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. Unless otherwise noted, you may view, copy, download, and print Advanced Sports Performance Ireland Ltd’s documents from www.aspireperformance.ie so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on or linked from www.aspireperformance.ie, please contact the copyright owner.
If you believe that your work has been copied and is accessible on www.aspireperformance.ie in a way that constitutes copyright infringement, please contact us at: firstname.lastname@example.org
You can contact us by email at email@example.com.
Advanced Sports Performance Ireland Ltd and the “Aspire” logo are trademarks of Advanced Sports Performance Ireland Ltd.
Advanced Sports Performance Ireland Ltd is a limited company registered in Ireland under Company Register Number 567084 and with its registered office at Clare House, Clara, Co Offaly.
DATA PROTECTION & PRIVACY INFORMATION
INFORMATION WE COLLECT AND HOW WE USE IT
Examples of personal data processed
Personal data is any information related to an identified or identifiable natural person (‘data subject’) held either electronically or physically. The personal data processed by Advanced Sports Performance Ireland Ltd is collected and processed to maintain compliance with our legal obligations. In addition, some data is processed to ensure the performance of a contract (contract of sale or service) or due to a legitimate interest of the Data Controller (eg: the Company). This data is collected at the start and throughout your membership with us.
We only disclose your personal data to others, where you have requested it, and where it is necessary in the context of supplying you with service, we do not sell or make available any of your details to others such as direct-mail or other marketing companies (if you are contacted by any such company who state or imply that they received your contact details from us, we would dearly love to hear from you).
The following is an overview of the type of personal data processed by the Company (please note this is not an exhaustive list):
Name; legal name; preferred name; gender; date of birth; other identifiers; emergency contacts; medical information (either observed during your fitness session(s) with us, or submitted to us by you) all contact information including address, email and phone numbers; any correspondence (hard & soft copy, email, text, calls or web messaging services where appropriate) Contracts and Health Waiver forms, fitness reviews and training records, training documentation, development plans, goals, experience, CCTV footage, interactions via online services/technology used by the Aspire (Aspire training Apps, till records, class attendance information, bills/invoices, stock management etc.)
Purposes for collecting & holding data
The purpose for which Aspire holds any information about data subjects is for appropriate purposes, including but not limited to: compliance with legislation and all legal obligations, contractual necessity, recruitment, induction, appraisals, employee communications and interactions, performance evaluations, promotion, training, talent development, insurance contracts, health and safety, security, grievance investigations and other legitimate interests of the Data Controller.
Sensitive Personal Data
We may collect, hold and process data, including sensitive personal data, if it is necessary to do so for compliance with any statutory duty, legal or regulatory obligation with which we are required to comply.
Personal data shall be only be collected in the case that the data subject has given explicit consent to the processing of their sensitive personal data.
Data Retention- (Length of time data is held)
This policy operates on the principle that we keep personal data for no longer than is necessary for the purpose for which we collected it. Data will also be retained in accordance with any legal requirements that are imposed on us. This means that the retention period for your personal data will vary depending on the type of personal data.
When establishing the criteria that we apply to determine retention periods, we consider the Company’s statutory and regulatory obligations, contract necessity, legitimate interest for processing the data, as well as managing legal claims (Certain data may be required in order to defend any legal claims which may be made. If such data is required, we may keep it until the statute of limitations runs out in relation to the type of claim that can be made (which varies from 2 to 12 years).
In general your information/data may be held for a period up up to 3 years from the end of your membership; from your last time we provided a service to you; from the last time you entered our premises; from your last interaction with any service related to Advanced Sports Performance Ireland Ltd.
* While this retention period is based on legal retention periods and is generic in nature, the Data Controller may need to review the specific retention period, to comply with legal or regulatory obligations and may retain data beyond these periods, but only if the Data Controller can justify a legitimate internet or contractual necessity in doing so. Any changes will be communicated to the relevant data subjects.
After the above deadlines pass the Company will destroy both hard and electronic copies of personal data in an appropriate manner in line with GDPR obligations.
Storage of, and access to your data
We will store both hard copy and soft copy data relating to our customers. Hard copy information will be handled correctly and stored appropriately at all times. Soft copy information will be stored using IT systems with passwords. All IT Systems used are in compliance with the GDPR regulations. All employees, particularly members of management, must ensure confidentiality and be mindful when handling any document, which contains personal data relating to another individual(s). All relevant employees receive appropriate instruction and training on the handling of data.
Appropriate Company personnel may, through the course of your membership, have access to relevant member data. At all times the Company will ensure that any access to an member’s data is for legitimate and lawful purposes.
In addition, there are third parties we work with in the course of our business. In all circumstances with each processor, the Company ensures that your personal data is only used for legitimate purposes. Personal data will not be shared with any other third parties, except when required for legitimate purposes.
6. Protection of the data we hold on you
The Company has taken all the necessary steps to ensure that your data is not accessed or processed inappropriately or accidentally or unlawfully destroyed, lost, damaged, altered or disclosed in an unlawful way.
Please note your data will not be transferred outside the EU.
We may collect and store information about you in connection with your use of the Service, including any information you transmit to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process. We may store analytical information about your use of our service related to your search activity, the pages you view, the date and time of your visit, products you express an interest in when using our service, and enquiries/purchases you make through the Service. We also may store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, location and requested and referring URLs.
Legal basis for Processing User Information (EEA end users only):
For residents of the European Economic Area (EEA) and Switzerland only, our legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations). If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our Services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyse and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud.
You are entitled to a copy of your personal data though we may limit how frequently we comply with these requests as per the Irish Data Protection Act, where we suspect abuse of this right, such as requesting this information daily. We do not currently charge for this service, though we reserve the right to do so in the future, because we fully respect your right of access to this data. Because we also have to protect your privacy, and guard against others trying to access your data, we will normally only post the data to your registered email address: should you have changed your address unknown to us, you must submit proof of your change of address with your request. For the same privacy reasons, requests for a copy of your personal data should be made in writing to:
The Data Protection Officer,
Advanced Sports Performance Ireland Ltd,
Clara House Estate,
In addition, we may send you website related news/updates and marketing information from time to time with your invoices and/or statements, and possibly on occasion independently of your invoices/statements. If at any stage you wish not to receive any marketing information from us, you may send such a request to the Data Protection Officer above, or alternatively firstname.lastname@example.org and your request will be complied with.
In case of any abuse that you become aware of, such as being contacted or sent information from someone else apart from us but purporting to have been given your contact details from us, or for clarification and queries on any of the issues discussed in this document, please feel free to send correspondence to the Data Protection Officer above or any of the listed email addresses.
Should you be dissatisfied with our responses, you may contact the Irish Data Protection Commissioner or through the courts. Contact details for the Irish Data Protection Commissioner, as well as information on the Irish Data Protection Act(s), may be found at the Data Protection Commissioner’s web site, which at the time of writing was http://www.dataprotection.ie