PRIVACY POLICY

The mobile applications, websites, and related services (collectively, the “Services”) are provided to you by Labours of Hercules Ltd. trading as MagicMountain ("LoH", “MagicMountain”, “Magic Mountain”, "we", "us" or "our"), a limited company incorporated under the laws of England and Wales with registered address at Church Barn, 88 The High Street, Aylesford, Kent, ME20 7AZ, UK. The MagicMountain Services are provided in accordance with the contents of this privacy policy (the “Privacy Policy”). Please also read our Terms and Conditions which set out the terms governing the Services.

For the purposes of any applicable data protection laws including the EU General Data Protection Regulations, the data controller is MagicMountain. Our Privacy Policy is a notice to you which explains the information we collect, how we use and share it, and your rights in connection with the Services. This privacy policy applies to all personal data that is collected and used by us when you create any MagicMountain account, and when you visit or use the websites, mobile applications, or other MagicMountain Services, participate in events or competitions run by MagicMountain, or interact with us through social media or otherwise.

Please read this Privacy Policy before using our Services or providing any personal information to MagicMountain. If you do not wish to have your information used and disclosed as provided in this Privacy Policy, you will be unable to use the MagicMountain Services and installation of MagicMountain Services may be halted.1. Collection of personal information


Collection of Information

MagicMountain collects information about you which may directly or indirectly identify you. This will be collected when either you or users you connect with share it with MagicMountain.


Information you provide to us

You provide MagicMountain with information, some of which is personal data, when signing up to use the Services, for example, by creating an account on the mobile phone app, corresponding with us via email or sharing details of your workouts when using the Services. You also provide us with personal information when you record, connect and participate using the MagicMountain Services, and information can be collected throughout your use of the Services.

As part of your use of the MagicMountain Services you provide the following data:


  • Information provided through your MagicMountain account when you create an account, or when you update your profile details, including identification and contact information: first and last name, profile photo, email address.
  • Profile, activity, and Service (HealthKit) use information when you record an activity, such as the type and time of exercise being performed and metrics (active calories burned) associated to that exercise.
  • Photos, videos, details of workouts, written comments, messages and other content you share on the Services.
  • Details of your third-party and / or social media accounts, such as information collected from Facebook (first and last name), profile picture and email address, that you may use to register or link to MagicMountain will be logged, and information from those third-party accounts provided to us in accordance with the terms of service of that third-party account.
  • Information you opt to share when you add your contacts’ information by connecting your mobile device or social networking accounts to MagicMountain;

Information we collect and process

We may collect information about you when you use the Services. When you use our Services, we (and our service providers) may use cookies and other technologies to automatically collect information. Note that this data collection may occur ‘live’, meaning that you do not have to actively submit anything for this data to be collected. MagicMountain collects the following information when you use the app:

  • Data about how you use the Services, such as favourite features or duration of usage. This includes the types of workouts you record, the time of the workout, how frequently you post information and workouts, how often you interact with other users and repeat workouts, the duration of use of the Services.
  • The time, and date information attributed to your workout activity when you record personal data through use of the Services.
  • Cookies (Facebook login & Firebase analytics), logging files, and analytics information are also used and collected (to find out more, please review Firebase & Facebook’s Cookie Policy).
  • Information from your devices, such as which browser or mobile device is being used when you access or use the Services.
  • Information is collected about the devices on which you use the Services, and on which devices you choose to pair with your MagicMountain account.

We may aggregate and anonymise data on your use of the Services in order to improve our service, to post publicly, or to sell data on trends.

How we use your personal information

MagicMountain collects, processes, uses, and shares user information where you have consented to the processing by agreeing to the terms of this privacy policy;

Information you provide to us

  • We may use your contact information to contact you in order to respond to your queries or requests, to carry out security checks on your account and validate your identity in connection to your use of the Services. This information is also used in order to provide the Services and to fulfil terms in the Terms of Service, as well as to protect you or your interests, or those of others, including in an emergency.
  • Information on your profile, activity, and overall Service use is collected when you post a workout or comment on another user's workout, join a mountain, or otherwise use the Services. 

Information we collect from you

  • Information on which features you use through the Services may be collected in order to provide suggestions,, or advertising, suited to you based on this information and your preferences. Your location, time and date data may also be used for this purpose to suggest facilities or classes being held in the local area, in order to allow you to gain maximum benefit from the Services.
  • Information on cookies, logging files and analytics is collected in order to streamline your preferences and provide you with a more tailored service (to find out more, please review our Cookie Policy).
  • Information about and from the device used to access the Services is collected in order to allow MagicMountain to better understand the user experience, with a view to making improvements to and expanding the Services to a broader customer base.

Sharing your personal information

The personal information you share with us and that we collect from you is intended for use by MagicMountain to enable MagicMountain to provide you with the full range of Services. Your personal information may be shared with third parties in certain circumstances as described below.


Personal information made publicly available

Personal information is not made publicly available and is only sent to those you have chosen to communicate with while using the Services

Our strategic partners

We may share your information with partners for the purposes of improving and providing our products and services to you. These third parties are required to comply with the terms of this Privacy Policy with regard to your personal information. We will only provide partners or affiliates with the information that is necessary for them to perform the Services and their use of your personal information should be limited to these purposes.

Third parties permitted by law

MagicMountain may be required to disclose or share your personal information in order to comply with a legal or regulatory obligation (for example, we may be required to disclose personal information to the police, regulators, government agencies or to judicial or administrative authorities). We may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, matters of national security, law enforcement, to enforce our Terms and Conditions or protect your rights or those of the public.

Third parties connected with a business transfer

If MagicMountain becomes involved in a business combination, merger, acquisition, transfer of assets, securities offering, bankruptcy, reorganisation, dissolution or other similar transaction ("Transactions"), we may share or transfer your information to third parties in connection with such Transactions.

Service platforms

MagicMountain utilises third-party websites that can be accessed outside of http://www.magicmountain.app (“External Websites”). Our Services may contain links to External Websites, including service platforms, which enable us to efficiently manage customer contact. If you access these External Websites via any links provided through any Service, you will exit the MagicMountain Services. The use of these third-party websites or services is as per the terms defined by that company, and MagicMountain does not accept liability for the use of your personal data by these organisations.

The External Websites are designed to keep the visual branding aligned with that of MagicMountain Services, but these sites are hosted by external service providers with their own terms and privacy policies. When interacting with the External Websites your information may be collected, stored, processed, or shared outside of the Services. If you interact with the External Sites, you acknowledge that you may be subject to the terms and conditions and policies applicable to such External Websites.

MagicMountain is not responsible for the personal information that you submit, share or disseminate via External Websites.

How we protect your personal information

We take reasonable steps to protect your personal data and to store that data securely using appropriate measures, so that it is protected against unauthorised or unlawful access or use, alteration, or wrongful deletion.

There are always risks associated with providing personal data, whether in person, written, spoken, via the internet or other by other means, and no system is completely robust in preventing unauthorised access.

At MagicMountain, we take measures to protect the collection, transmission and storage of the data we collect, but we do not guarantee or warrant the security of the information you share with us.

The Services use industry standard Secure Sockets Layer (SSL) technology ensures all personal information is encrypted, and our servers are protected using firewall technology.

While we aim to protect your personal information, no data transmission over the Internet can be guaranteed to be completely secure. Transmitting personal information is done at your own risk. MagicMountain cannot warrant the security of any information you transmitted to or from the MagicMountain Services.

Managing your information

User information permissions and data collection settings can be modified, restricted, or removed by contacting us at support@magicmountain.app.

Notification and email preferences

You can choose to stop receiving certain emails by indicating your preference using notification settings links usually found at the end of emails. For certain types of emails, (i.e. such as confirmation of account generation), these cannot be switched off as they form a fundamental part of our Service.

Notification settings can be found within mobile applications from the user account settings page.

Your rights

Access

Under applicable data protection laws (to the extent they apply to MagicMountain and you) you always have the right to access your personal information.

In some areas of the Services, direct access by the user is possible. In other cases we can be contacted at support@magicmountain.app when necessary to request access to your personal information, and MagicMountain can provide a single copy of the personal information that has been collected, free of charge. If you require further copies of your personal data, we may charge a reasonable administration fee.

You have the right to know what information related to you and your account has been collected, what the information is used for, and the parties (if any) that information has been provided to. In order to fulfil this, we may need additional information from you, i.e. to confirm your identity.

Rectification

You may also modify, correct, restrict, download or delete your information, or restrict how we process your personal information within or across the Services. Many of these features will be available directly to the user via the Services, but in cases in which this is not possible, or in the instance you would like to have incorrect or incomplete personal information that we process about you amended, please contact us at support@magicmountain.app.

MagicMountain is permitted to handle your personal information when the handling is based on a legitimate interest as set out in this Privacy Policy. We use this framework occasionally for research and development activities in order to develop and improve our Services. You have the right to object to the handling of your personal information for any of these purposes, whereby we will cease to process your personal information unless we have legitimate grounds to continue, i.e. where it is required for legal purposes.

Restriction

Where you have provided consent for MagicMountain to access personal information, you have the right to at any later time withdraw your consent to the processing of your personal information. This may be done by contacting us at support@magicmountain.app.

You may raise a concern about our use of your personal information and you have the right to do so with the relevant supervisory authority, and will not affect any other rights you may have.

You have the right to direct marketing from MagicMountain. If you wish to stop receiving emails from MagicMountain, please use the "unsubscribe" function included towards the end of our email communications. Emails sent relating to services (to confirm a purchase etc.) generally do not offer an option to unsubscribe as they are necessary to provide the service you requested. Such emails also include notifications about changes to our Privacy Policy and Terms and Conditions.

Deletion

You may also delete a submission after it is posted, by selecting the menu for that submission, usually denoted by the ellipsis icon (three dots in a horizontal line arrangement). If this is not available then you can also request deletion by contacting us at support@magicmountain.app

To request that your account is deleted, please contact us at support@magicmountain.app. Please note that we are not obligated to comply with a request for deletion of your personal data in circumstances where we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.

After a request is submitted for account deletion, your data, including your account, activities, submissions and League positions cannot be recovered.

Note that content you have shared with others, such as photos, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile.

Make a Complaint

You have the right to make a complaint to your local data protection authority if you believe that MagicMountain has not complied with applicable data protection laws.

If you are based in the UK, or the issue relates to the UK, the Information Commissioner’s Office can be contacted at:

Telephone: +44 0303 123 1113

Email: casework@ico.org.uk

Website:www.ico.org.uk

Web-form:www.ico.org.uk/concerns/

Address: Water Lane, Wycliffe House, Wilmslow, Cheshire, SK9 5AF

If you are based elsewhere in the European Economic Area (EEA), or the issue you would like to complain about took place elsewhere in the EEA, please click here for a list of local data protection authorities in the countries within the EEA in which we operate.

Transfers, & handling of personal information

MagicMountain is based in London, UK. However, MagicMountain’s services and products may be delivered using resources and servers located in various countries (ranging from the U.S.A. to Ukraine). Therefore, your information may be processed outside the country that the service you are using is based in, including countries outside the European Economic Area (EEA) where the standard of protection of privacy does not meet the requirements set by the European Commission (the U.S.A is a current example of such a country).

In line with the principles mentioned above, your personal information may be transferred or access to it may be permitted to MagicMountain subcontractors (such as the software development team or customer support teams) that carry out tasks related to our Services. Our subcontractors are not authorised to use the personal information for any other purpose, and all subcontractor services are covered by a confidentiality clause.

Personal information may be disclosed where necessary to comply with legal obligations or for the purpose of legal claims or defence.

We may collect and share anonymised, non-identifiable data on our users, our users’ use of our Services, or our users’ use of our Partner or third-party services to third-parties, advertisers, or business partners. We do this for a variety of reasons, i.e. a partner gym may find it useful to host more of your favourite exercise classes if they often fill up or become more popular. These statistics do not contain personally identifiable information (PII).

Data retention

MagicMountain retains your personal information only as long as it is necessary to provide the Services to you and others, to the extent permitted by applicable laws and in some cases to fulfil any legal obligations. Information associated with your account will generally be kept by MagicMountain until it is no longer necessary to provide the Services or until your account is deleted.

Upon deletion of your account, it may take up to 30 days to fully remove your personal information from our systems. We may retain information from deleted accounts in some instances to comply with the law, prevent fraud, collect fees, resolve disputes, assist with investigations, enforce the MagicMountain Terms and Conditions, and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information about you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data in an anonymous manner, to provide insights which are commercially valuable to MagicMountain, such as statistics of the use of the Services.

Policy information

We may modify this Privacy Policy at any time and such modification will be effective upon posting to the Services. We will notify users in advance of material changes by email or via the Services, and we suggest that you regularly review this policy. If you do not agree to the these terms, do not access or use the Services.

This Privacy Policy does not apply to third party products or services or the practices of companies that are not part of Labours of Hercules Ltd., including other companies you might interact with on or through the Services. More information about the Services may be found at www.magicmountain.app

Contact us for more information about this Privacy Policy by getting in touch at support@magicmountain.app or by visiting www.MagicMountain.app

Labours of Hercules Ltd.

Church Barn,

88 The High Street,

Aylesford,

Kent.

ME20 7AZ