PRIVACY POLICY

Welcome to this Norfolk Health & Fitness. This website is owned and operated by Norfolk Health & Fitness Ltd (“Norfolk Health & Fitness”, “we”, “us” and “our”), with its principal place of business located at The Union Building, 51-59 Rose Lane, Norwich, Norfolk, United Kingdom, NR1 1EQ.

CERTAIN NORFOLK HEALTH & FITNESS WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO PASSWORD PROTECTED SITES AND SERVICES, CONTAIN TERMS AND CONDITIONS WHICH CONTAIN PRIVACY STATEMENTS THAT ARE SPECIFIC TO THE PURPOSES OF THOSE WEBSITES AND SERVICES. SUCH PRIVACY STATEMENTS ARE IN ADDITION TO THIS PRIVACY POLICY and shall prevail In the event of any inconsistency between such Privacy Statements and this Privacy Policy.

Commitment to Privacy

Norfolk Health & Fitness is committee to respecting your privacy pursuant to the standards of the GDPR provisions and the Data Protection Acts which contain regulations which are designed to ensure that any data you provide us is processed fairly and lawfully with due care. We help people reach their career goals by providing training, professional certifications, exam preparation and study tools and analytic reporting. We may work with you directly or through your school or employer, or through another organisation you use, such as a training centre or gym.

This Privacy Policy describes how we collect, use, share and protect information about you. When you interact with or use the products, services or websites of Norfolk Health & Fitness (“Services”), you consent to such collection, use and sharing of your information as described in this Privacy Policy, our Terms and Conditions for our websites and the Terms and Conditions provided in relation to specific services and products.

Our privacy practices may vary among the countries, regions and states in which we operate in order to comply with applicable legal requirements.

Consent

When you interact with or use our Services, and when you enter any personal information into any of our other Services, you are consenting to the collection, use, and transfer of your personal information as outlined in this Privacy Policy, our Terms of Use for our websites and the Terms and Conditions provided during registration with Norfolk Health & Fitness or any Norfolk Health & Fitness product. For some of our Services, your use of, and entry of personal information into, the Services constitutes your consent to the transfer of your personal information outside of the EEA and into the United States.

Norfolk Health & Fitness may be required to obtain from you additional personal information which may be deemed as Sensitive Data to fulfil obligations under the law and our business partners/customers. “Sensitive Data” means data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sex life, or sexual orientation, or for any genetic data or biometric data. To the extent permitted by applicable law, your entry of any Sensitive Data on our Services is your consent to the Processing of such data as set forth in this Privacy Policy or as otherwise specified in the context of your submission of such sensitive information.

If you do not consent to the terms of this Privacy Policy, the transfer of your personal information to the United States or our collection of Sensitive Data, if any, please do not Opt-in to our Polices or continue to use our Services.

Data Collection

Norfolk Health & Fitness is dedicated to protecting the privacy of all personal information collected through this website and our Services. We may collect information from you (directly or through third party vendors we retain) or from a third party who is authorized by you or otherwise permitted by applicable law to share information with us (for example, your school or employer) in situations such as the following:

• Website visit. When you provide information during a login process, when you access certain portions of our website, when you ask us to provide more information, when you purchase online or in connection with any online employment applications.
• Registration. When you create an account on our Services, make a purchase, register or login to access or use functions or features.
• Communications. When you communicate with us.
• Learning and Certification Activities. When you use our Services, information about your grades and scores, instructor feedback and comment, your personal learning behaviours, and various metrics related to your learning of particular subject matters is recorded.
• Surveys and Research. If you participate in our research studies about our products or the industries and professions we support or our market research surveys or programs.
• Forums. If you participate in our forums, blogs, intranets, chat rooms, “wikis” or other similar features.
• Subscriptions. If you subscribe to one of our newsletters or request text alerts.
• Social Media. If you use or interact with our Services on social media and networking pages and applications, such as Facebook, Instagram, LinkedIn and others.

We also may collect information about you from other sources. We work closely with third parties (for example, business partners, service providers, sub-contractors, educational institutions, employers, analytics providers, search information providers, fraud protection services) and may receive information about you from them. We also may collect and process information about you that your employer or any educational, professional, governmental, oversight or other organisation with which you are, or previously were, affiliated provides to us. We also may collect and process information about you that we receive from other sources including organisations that are our customers (which might be your employer or educational institution, for example), organisations that provide our products or services by way of a co-branded or private-labelled platform, product, service, website or application, and organisations that sponsor surveys or programs in connection with our Services. If you use our Services through a third party, please contact that third party first if you have any questions about the data they collect from you and share with us. If they do not address your concerns, please contact us.

To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about users of our Services in order to provide or optimize the Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose. Our Services may collect certain information by automated means when you access or use our Services. This information may include, but is not limited to, usage details, Internet Protocol (“IP”) address, browser type, browser language, devices you use, access times, the sites linked from, pages visited, applications downloaded or accessed, links and features used, content viewed or requested, information collected through cookies and other such information. We generally collect this information to improve our Services for our users, to learn about our users’ interests and enhance the Services we provide, for security and analytics purposes, and for other lawful purposes. To learn more, please see our “Cookies and Similar Technologies” section below.

Please note that, in certain circumstances, you may be required to provide the requested personal data by contract or law, and your failure to provide such personal data may mean we are unable to provide you with our Services.

To the extent possible, Norfolk Health & Fitness attempts to keep personal information you in electronic form. You may be required to submit some information in paper form or may have done so in the past. As a general rule the only documentation we keep through which you could be identified are your health-screening questionnaire, payment plan documents directly between you and Norfolk Health & Fitness, if any, and your portfolios of work, to the extent required by governmental agencies or oversight organisations, such as the Awarding Body. These documents are kept in secure storage at all times. Learners are entitled to check that these documents are kept confidential.

How We May Use Your Information.

Our legal bases for the processing of personal data are: 1) consent and/or 2) any other applicable legal bases, such as our legitimate interest in engaging in commerce, offering products and services of value to users of our Services, preventing fraud, ensuring information and network security, direct marketing, processing personal data for internal administrative purposes, and complying with industry practices.

We use your information to provide you, either directly or through a third party, with our Services. We also may use your information to support our business functions, such as fraud prevention, marketing, analytics and legal functions.

We may use your information:

• To fulfil your requests for Services and communicate with you about those requests.
• To set up your account and verify your identity when you register for our Services.
• To process your payments. (Please note: we do not retain your credit card data after a payment has been processed and, if after November 18th 2019 you elect to use an instalment payment plan, such information is retained only by our third party finance provider Specialist Lending Limited (who uses the trading name “Duologi”).
• To monitor, record, analyse and report on your activity, interactions and engagement with our Services.
• To track and analyse and report on your progress, success, results, performance, registrations, incomplete attempts, and results in connection with our certification and specialized certificate program Services. If your use of our Services is in connection with a school, employer, institution or other organization (“your Institution”), we may share your data with your Institution, its instructors and staff, and other parties associated with or required by your Institution.
• To perform research and analysis for our Services and to further develop and improve our Services or to perform research concerning the industries and professions we serve.
• To perform benchmarking analytics and general metrics about your performance or, after anonymizing, de-identifying or aggregating the data, your Institution’s performance as compared to other schools and institutions and other Norfolk Health & Fitness customers.
• To analyse technical data such as cookies, content viewed, IP address, device use, site volume and load.
• To verify compliance with license terms.
• To support and personalize our Services, websites, mobile services, and advertising.
• To inform you of new products, services or promotions we may offer.
• For research, analysis, benchmarking or surveys.
• To engage you in our social media platforms.
• To protect the security and integrity of our Services, content, and our business.
• To respond to reviews, comments, or other feedback you provide us.
• To comply with applicable legal or regulatory requirements and our policies, protect against criminal activity, claims and other liabilities.
• For any other lawful purpose for which the information is provided.

We also may use, process, transfer, and store any data about you in an anonymous, aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources.

We may also use information in other ways with your consent or as permitted by applicable law.

Information Sharing

To the extent permitted by applicable law, we may share information about you, including your personal information, as set forth below or as otherwise described in this Privacy Policy or the terms and conditions for use of the Services:

• Affiliates and Agents. We may share information with our parent corporations and affiliates (or any business partner or agent acting on our behalf) worldwide as necessary to provide you with the Services, each such parent corporation, affiliate, business partner, and agent will be under the same obligations as is Norfolk Health & Fitness to protect the confidentiality of your information and protect your privacy.
• Analytics and Reporting. We may share your information to (i) analyse and provide certain information about your learning and academic performance to you, your institution, including other parties associated with and required by your Institution, and your instructor(s) or supervisor(s) from your Institution; (ii) generate reports and analytics for use by you, your Institution, other parties associated with and required by your Institution, and your instructor(s) regarding the learning and academic performance of an entire class or cohort at your Institution and (iii) generate reports and analytics to be used by researchers or third parties in the industries or fields that we support to better understand changes and trends in such industries or fields.
• Service providers. We may share information with agents, contractors, service providers, vendors, business partners, and other third parties we use to support our business and Services. We may share information to provide technical support to you and your Institution, its instructor(s) or staff. If you elect to use an instalment plan to pay for your purchases, we will share information with our third party finance provider Duologi to help you facilitate the plan. Please note that all data provided to Duologi, either by you, Norfolk Health & Fitness or any other party, is subject to the Duologi’s privacy, confidentiality and data security policies. Some examples of other third parties we work with are shippers, payment servicers, information processors, financial institutions, data centres, educational institutions you attend, other organizations you are affiliated with, or their support service providers. Such third-party providers may perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. Such third parties may access, process or store personal data in the course of providing these services.
• Your Institution and other Organisations. We may share information about your use of our Services with your Institution and its faculty or staff, and other parties associated with or required by your Institution. We also may share information with governmental agencies and oversight organisations, such as the Awarding Body, professional organisations, certification or accreditation organisations, and industry self-regulatory organisations.
• Fraud Prevention. We may share your information to confirm your identity to ensure only authorized users are accessing our Services and for general security.
• Advertising and Marketing. To the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner. You may elect not to receive marketing from us.
• Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information about you to a buyer, investor, new affiliate, or other successor in the event Norfolk Health & Fitness, its parent companies or affiliates, or any portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets or during steps in contemplation of such activities (e.g., negotiations and due diligence).
• Law Enforcement. We may share information to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or investigation, or as otherwise required or authorized by law.
• Protection of Rights, Property or Safety: We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud, illegal activity, abuse or testing misconduct has taken place.

We also may share information to fulfil any other purpose for which you have provided information to us; for any other purpose disclosed by us or the third party with whom you are interacting when you provide the information; to enforce our rights arising from any contracts; for billing and collection; or as otherwise permitted under applicable law.

Data Security

Keeping your personal information secure is of the utmost importance to us. We use administrative, technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties and unauthorized employees. Despite our efforts, we cannot guarantee the security of your personal information during its transmission or its storage in our systems. No method of transmitting or storing electronic information is ever completely secure. We make no warranty, express, implied, or otherwise, that your information will never be accessed, used or released in a manner that is inconsistent with this Privacy Policy. We are not responsible for any damages or liabilities relating to any security incidents, and we disclaim all representations and warranties regarding such matters to the fullest extent permitted by law. Where required under law, we will notify you of any loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions for the due protection of your rights. We review our security procedures periodically to consider appropriate new technology and updated methods.

If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information.

We will attempt to answer all requests that we correct the data if it is inaccurate or delete it as long as we are not required to retain it by law or for legitimate business purposes.

In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.

Not all information about you can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it may not be changed and, in certain instances, it may be subject to government or regulatory oversight. Similarly, learning data, assessment scores and certification status kept in Norfolk Health & Fitness systems may not be changed by you, although you should contact us if you believe such data is not accurate.

To exercise your rights, please contact us at info@norfolkhealthandfitness.com. We will process any requests in accordance with applicable law and within a reasonable period of time. We may require that you establish your identity and provide a clear and precise description of your request. Please note that in some cases, especially if you wish us to delete or cease the processing of your personal data, we may no longer be able to continue to provide our Services to you.

Choice: Opt-out Options

We offer you certain choices about how we communicate with you and what information we collect from you. You can change how you want us to communicate with you at any time by changing your preferences on our preferences page or you may choose not to receive marketing email communications from us by clicking on the unsubscribe link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us. Please clearly state your request.

We also provide options that allow you to control how we collect and use your personal information. For example, you may contact us if you do not wish to receive targeted promotional offers or targeted advertising from us. If you opt-out of targeted online advertising, you may still receive advertisements but they may not be tailored to your interests. You may still receive advertisements based on the content of the web page you are visiting.

You may be able to adjust the settings of your device to control whether your device communicates location information to us, or you may disable browser cookies. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals. We may offer additional controls on our use of your location information.

However, if you choose not to provide certain details, some of your experiences with us may be affected.

If you would like to know what personal information we hold about you, you may submit a request to us and we will evaluate your request to determine what we are allowed, or required, to provide based on applicable law. Please note that some requests may be subject to a reasonable fee, to the extent permitted by applicable law.

Note that opt-out may not be permitted for communications related to enforcement of our legal rights, such as collections, or if opt out is not allowed under the policy of your educational institution, employer or other organizations through which you registered for our Services.

Retention

To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide you with our Services or as needed for other lawful purposes. We may retain cached or archived copies of your information. We may be required to retain some of your data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Please note that in order to fulfil contractual obligations with the Education and Skills Funding Agency (ESFA), we will retain all externally funded learner information for 7 years beyond the completion or drop date of each learner’s program and in order to meet ESF match-funding requirements we will retain funded learner documentation and information until at least 31 December 2030 (subject to being extended).

Children

We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. If you are under 16, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as set forth below.

Cookies and other tracking devices

When you visit our websites, you are offered an opportunity to accept our placement of cookies. A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. This section provides more information about our use of cookies and our polices.

If you agree to the placement of cookies, we may use any of the following types of cookies and similar technologies:

• Strictly necessary cookies required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas.
• Analytical/performance cookies that collect information about how you use our Services. They allow us to recognize and count the number of visitors and to see how visitors move around our website. This helps us to improve the way our website works. These cookies are sometimes placed by third party providers of web traffic analysis services.
• Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies that collect information about your browsing habits such asthe pages you have visited and the links you have followed. We use this information to make our website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit and this information is shared with third-party organizations, for example advertisers.

We may use cookies and similar technologies to operate and improve our Services, as well as to simplify our interaction with you. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies to collect information about the ways you interact with and use our Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes. We may also engage third party service providers to provide advertisements and promotions on our behalf, or authorize third parties to advertise and market products and services via our Services.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to data stored on your computer or any information about you. You can choose to accept or decline cookies. Please note, however, that in doing so you may not be able use our Services fully or as intended or, in certain circumstances, at all.

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Services, such as tests, trainings or other activities. For more information, visit the help page for your web browser or see http://www.allaboutcookies.org or visit www.youronlinechoices.comwhich has further information about behavioural advertising and online privacy.

We may use third party analytics such as Google Analytics or similar analytics services. To the extent we use Google Analytics information, we use that information in conjunction with European Union User Consent Policy. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.

This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under:https://www.facebook.com/about/privacy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside Facebook. Pleaseclick hereif you would like to revoke your permission.

We may use third-party advertisers to serve or track advertisements on or relating to the Services. These third parties may use cookies and other tracking and analytical technologies to, among other things, record which ads your browser has loaded and which pages you were viewing when ads were delivered or accessed. Information so collected is subject to the privacy policies of those third parties which you should carefully review. We have limited or no control over third party use of cookies.

When you use your mobile device to interact with us or our Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

When you accept cookie placement you are opting in to any of the types of cookies or any of the alternative tracking technologies described in this section. As noted above, you can control the use of cookies through your browser and Google Analytics and Facebook Pixel through the websites provided herein. If you to change your acceptance of our cookie placement, please contact us at info@norfolkhealthandfitness.com. Please note, however, that in doing so you may not be able use our Services fully or as intended or, in certain circumstances, at all.

Links

Our Sites or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. Norfolk Health & Fitness provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Norfolk Health & Fitness of any site or any information contained therein.

When you leave our Sites, this Privacy Policy and our other Terms will no longer govern your Internet browser session. Your use of any site to which you navigate from our Sites will be subject to that site’s terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites. We recommend that you carefully read their policies.

Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Employees and Contractors; Job Applicants

Employees and Contractors: If you are an employee or contractor of Norfolk Health & Fitness or its parent companies or affiliates please contact the Human Resources Department for our privacy policy for employees and contractors. This Privacy Policy is separate from our internal privacy policy for employees and contractors.

Job Applicants: In connection with a job application or inquiry, you may provide us with data about yourself, including your educational background or résumé and other information, including your ethnicity where required or permitted by law. We may share this information with our parent corporations and their affiliates for the purpose of employment consideration. We may keep the information for future consideration unless you direct us not to do so.

Revisions to this Privacy Policy

We may update this Privacy Policy at any time in our sole discretion by posting a revised version on this page or on our Services, or with any notice to you if required under applicable law. You can see when the Privacy Policy has changed from the date of the latest revision below. Your continued use of our Services after any such modification constitutes acceptance to any such modified Privacy Policy. Please review this Privacy Policy frequently for updates.

Feedback

You may contact us with any questions, concerns or inquiries about this Privacy Policy or data about you that we maintain. Please contact Norfolk Health & Fitness by email at info@norfolkhealthndfitness.com. All complaints will be evaluated and a reply will be sent as soon as appropriate. In some instances, we may cease providing Services to you if, in our sole discretion, we deem it necessary to satisfy your request or if required under applicable law.

Norfolk Health & Fitness Privacy Policy (Rev 24th April 2020)