TERMS & CONDITIONS

Site Terms of Use, Privacy Policy, Cookie Policy and Membership Rules. Last updated 22 June 2016

This website (“Site”) is made available to you, the user, member or customer (“you” or “your” being interpreted accordingly) subject to these terms and conditions (“Terms”).

1. WHO ARE WE?
This Site is operated by Notta 8 AB, a company registered in Sweden under registration number 559049-8829.Our registered address is Nybrogatan 8, 114 34 Stockholm (“we” “us” and “our” being interpreted accordingly).

2. CONTENT ON THIS SITE
Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘Alma’ and other business names and logos displayed on this Site may be trade marks belonging to us or other companies in the Alma Group (“Trade Marks”). To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilize any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us or other companies in the Alma Group without our prior written permission (at our sole discretion).

3. LINKS TO OTHER WEBSITES
This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.

4. YOUR USE OF THIS SITE
You must only use this Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our Site is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.

You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date. In relation to any material you submit to us or post on this Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.

You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.

5. OUR LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.

Subject the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.

While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.

We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.

6. PRIVACY & SECURITY
How we collect and process your personal data and safeguard your privacy is governed by our Privacy Policy below and which forms part of these Terms. We also have a Cookie Policy that governs use of cookies and other tracking technologies which may be used on our Site, which you will also find below.

7. CHANGES TO THESE TERMS
We are may amend these Terms at any time, for example, where we add new services or features or where there is a change in applicable law. All such changes will take effect once these Terms have been updated and you will be assumed to have accepted any such changes if you continue to use the Site after the latest update.

8. PURCHASE OF PRODUCTS OR SERVICES
If you elect to purchase any products or services which is offered to you through this Site by Alma or Austere (or any affiliated website of another Alma or Austere company) this may be subject to new and/or additional terms and conditions which will be notified to you at the time.

9. INVAILIDITY & WAIVER
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.

10. GOVERNING LAW
In the event of any dispute between you and us concerning these Terms, the laws of Sweden will apply. If you wish to take court proceedings against us, you should do so within Sweden, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.

PRIVACY POLICY

1. WHAT IS THIS PRIVACY POLICY IS FOR?
This Privacy Policy gives you information about how personal data and other private information that we collect from you as a user of this Site or as a membership applicant, member or customer (“you” or “your” being interpreted accordingly) will be used by us. When we refer to ‘personal data’ in this Policy it means any information that relates to you from which you can be identified.

By using our Site or submitting your personal data you are taken to accept the terms of this Policy, so please read it carefully.

2. WHAT PERSONAL DATA MAY WE COLLECT?
We may collect the following personal data about you:

  • The personal details you provide (such as name, address, e-mail address; business address and phone number) when submitting a membership application.

    • Information about your debit/credit card and bank account information that we require for the purpose of recording and processing your membership application (and administering your membership).

  • Personal details you choose to give when corresponding with us by phone, e-mail or that you provide to us when you visit one of our clubs or other premises.

  • We may also receive other personal or private information about you that you choose to submit to this Site or any other websites we operate.

3. COOKIES
Our Site uses cookies to distinguish you from other users. This is to provide you with a good user experience when you browse our Site and allows us to improve its features. For detailed information on the cookies we use, please see our Cookie Policy below.

4. HOW WE USE YOUR DATA
We may use your personal data in the following ways:

  • to acknowledge, confirm and deal with your membership application (and where necessary put you on our waiting list).

  • where we are asked to deal with any enquiries or complaints you make.

  • where you are a member, provide you with membership services and administer your membership account.

  • we may provide you, or permit selected third party service providers (e.g. our on-premises gym providers) to provide you with information about goods or services we feel may interest you as a member or membership applicant. If you are an existing member or customer of ours, we will only contact you by electronic means (such as e-mail or SMS) with information about goods and services that are similar to those which you previously purchased from us (or tried to purchase). If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have previously consented to this.

  • to contact you in connection with user/customer/member surveys and use any information you choose to submit in response.

  • to administer our Site and ensure that our Site is presented in the most effective manner for you and for your computer/device.

  • for internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our Site secure.

  • we may use your personal for other purposes which you have consented to and we may combine personal data that you provide to us with other information we collect about you for the purposes set out in this Privacy Policy.

5. DISCLOSURE OF YOUR INFORMATION
We may share your personal data with third parties in the following situations:

  • we may make your personal data available to selected third parties who act on our behalf to support our operations (for example, card processing or payment services (see the section below headed PAYMENT INFORMATION) and credit reference agencies to protect against possible fraud

  • our IT suppliers and contractors (e.g. data hosting providers or delivery partners) may need to have access to your personal information to provide IT support and enable us to provide membership services and other goods/services available on this Site or to members.

  • if we sell our business or our company assets are acquired by a third party personal data held by us about our members or customers may be one of the transferred assets.

  • if we need to disclose your personal data to comply with a legal obligation or to enforce our General Terms & Conditions, membership rules or other applicable contract terms that you are subject to

  • to protect us, our members or contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.

6. SECURITY
The personal data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (“EEA”) such as by our subcontractors in the United States who process your payment details and/or provide IT support services. In accordance with applicable law, we will do everything we reasonably can to make sure that those subcontractors comply with appropriate security standards to protect the personal data that they handle.

Please note that the US and certain other countries outside the EEA do not provide the same legal standards for protection of your personal data that you have in the United Kingdom or EEA. By submitting your personal data, you agree to the transfer and processing of your personal data outside the EEA for the purposes set out in this Privacy Policy.

Where we have given you (or where you have chosen) a password or log-in which enables you to access certain restricted parts of our Site, you are responsible for doing everything you reasonably can to keep these details secret. We must not to share your password or log-in details with anyone else.

Unfortunately, the transmission of information over the internet or public communications networks can never be completely secure. We will take appropriate technical and organisational security measures to protect the personal data that you submit to us against unauthorised/unlawful access or loss, destruction or damage, although we cannot 100% guarantee the security of data that you provide to us online.

7. YOUR DATA PROTECTION RIGHTS
Certain applicable data protection laws give you a right to receive information about the personal data we hold on you. You may also have the right to ask us not to process your personal data for marketing purposes; or where the processing of your personal data is causing unwarranted damage or distress; or, ask us to delete or correct any personal data that we hold about you which is inaccurate or no longer relevant.

If you wish to exercise any of these rights please contact us as described in the CONTACT section below. Any access request may be subject to a small fee to meet our costs. We may also need to ask you for further information to verify your identity before we can respond to any request.

8. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or modifications.

COOKIE POLICY

1. WHAT IS THIS COOKIE POLICY FOR?
This website (“Site”) uses cookies, pixels or similar tracking technologies (“Cookies”) to distinguish you from other users, providing you with the best possible user experience when you browse our Site and allows us to improve its features.

This Cookie Policy describes the Cookies we may use on this Site and their purpose. You should also check our Privacy Policy regarding how we use your personal data when you use our Site.

BY USING OUR SITE YOU CONSENT TO US USING COOKIES AS DESCRIBED IN THIS POLICY.

2. WHAT ARE COOKIES?
Cookies are small pieces of data that are stored on your computer, or other device when you access a website. Pixels, also known as web beacons or web bugs, are small blocks of code on webpages and in emails that do things like allow another computer server to measure viewing of a webpage. These are often are used in conjunction with Cookies. Cookies enable our computer servers to collect information from your computer or device about how you interact with our Site. You can find more background information about cookies at: www.allaboutcookies.org.

3. HOW WE USE COOKIES
We use Cookies to help us better understand how our Site is used and to provide you with a more user-friendly experience when you access our online services. For example, using information about your previous visits to our Site, we can tailor content to match your particular interests when you revisit our Site or use any services on it.

Cookies will never be used by us to collect your sensitive personal data or financial details, such as credit card information. You can disable Cookies by adjusting the settings on your web browser (e.g. Internet Explorer; Safari; Chrome; Firefox or Opera) although this may affect your ability to fully utilise our Site.

We may also use Cookies for the following purposes:

  • Authentication: to recognise you if you are signed in to our Site.

  • Security: We may use Cookies to enable security features on our Site and help us detect any security threats or potential illegal activity.

  • Performance: Some Cookies may collect information about user visits to our Site, for example which web pages visitors use most often. We might also use these performance Cookies to highlight services which we think will be of interest to you based on your previous use of our Site [To help us monitor visitor traffic to our website and understand how our Site is used, we have enabled a third party software tool ‘Google Analytics’ to collect data about our Site traffic. Visitors have the ability to opt-out of Google Analytics features we use. For more information please click here. Performance cookies like these do not routinely collect information that personally identifies a visitor by name so the impact on your personal privacy should be minimal.

  • Functionality: Some Cookies allow our Site to remember information from your previous visits, such as contact details you previously submitted. For example, when you complete an online form (such as when you register for a service) we will use a cookie which (if you agree) will help remember your details if you use the same computer to complete another form on our Site without you having to re-enter them. These Cookies may also be used to provide information you request such as publications or newsletters.

4. STRICTLY NECESSARY COOKIES
Some Cookies are essential in order to enable you to navigate our Site or to enable you to receive a particular service you have requested. Such Cookies are regarded as ‘strictly necessary’ and we do not need to ask your permission to use them.

5. THIRD PARTY COOKIES
Our Site may also allow third parties to download Cookies to your device. For example if you choose to ‘share’ content from our Site with friends through a third party site such as Facebook or another social network, you may be sent Cookies from these third party service providers over which we have no control. If you choose to share such content, you should check the relevant third party services provider’s terms/policies for more information about cookies that they use.

6. CONTACT
If you have any questions or complaints regarding the Site or these Terms, you can contact us by emailing hello@thisisalma.com.