Helping you build a stronger body and a healthier lifestyle through structured training and balanced nutrition.
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Helping you build a stronger body and a healthier lifestyle through structured training and balanced nutrition.
CD Fitness respects the privacy of every Client and is committed to handling personal information in a lawful, fair, transparent, and reasonably secure manner, and the Client acknowledges and consents to the collection, receipt, storage, use, processing, and disclosure by CD Fitness of the following categories of information, namely:
Identity and contact particulars including name, electronic mail address, telephone or mobile number, country or region of residence, and account username;
Demographic and anthropometric particulars including age or date of birth, gender, height, weight, body measurements, and body composition estimates;
Health and fitness particulars including activity level, occupation type, training experience, fitness goals, target weight, dietary preference and pattern, food allergies, intolerances and restrictions, and such medical history, existing conditions, injuries, surgeries, medications, supplements, and pregnancy or lactation status as the Client elects to disclose;
Transactional particulars including order history, purchase dates, amounts, invoices, plan or subscription details, refund and dispute records, and payment references and confirmations received from payment processors, it being expressly clarified that CD Fitness does not itself store complete payment card numbers, card verification values, personal identification numbers, or full banking credentials, all of which are captured, tokenised, and retained directly by the third-party payment provider under its own security architecture;
Technical and usage particulars including internet protocol address, approximate location derived therefrom, device and hardware identifiers, browser and operating system type and version, language and timezone settings, referring and exit pages, pages and features accessed, session duration, clickstream and interaction data, download records, and cookie and similar identifiers;
Communication particulars including support tickets, correspondence, feedback, reviews, survey responses, and records of consent and acceptance;
Any progress data, logs, photographs, or measurements that the Client voluntarily uploads or submits.
The Client acknowledges that the Client may decline to furnish any particular item of information, but that certain Services or Deliverables may thereby become impossible to provide.
The Client acknowledges and expressly consents to the processing of their personal information by CD Fitness for the following purposes, each of which the Client agrees is lawful, legitimate, necessary, and proportionate, namely:
The Client expressly acknowledges and agrees that by furnishing any personal information to CD Fitness and by accepting this Agreement, the Client grants free, specific, informed, unconditional, and unambiguous consent to the collection, receipt, storage, use, processing, retention, transfer, and disclosure of such information for the purposes enumerated in this Agreement, and further acknowledges that where the Client voluntarily discloses information concerning their medical conditions, injuries, medications, pregnancy, allergies, or physical or mental health, the Client does so knowingly and with the express intention that CD Fitness shall process such information for the purpose of generating and individualising the Deliverables, and consents specifically to the processing of such information for that purpose notwithstanding its sensitive character; and the Client additionally acknowledges that where the Client furnishes the personal information of any third person, the Client warrants that they have obtained all requisite consents and authority from such person and shall indemnify CD Fitness against any claim arising from the absence thereof.
The Client may at any time withdraw any consent so granted, in whole or in part, by written communication addressed to CD Fitness through the contact particulars published on the Platform, and CD Fitness shall give effect to such withdrawal within a reasonable period; provided however that the Client expressly acknowledges and accepts that any such withdrawal shall operate prospectively only, shall not affect the lawfulness of any processing already carried out on the strength of the consent prior to its withdrawal, shall not require CD Fitness to delete or reverse any record that it is obliged or entitled to retain under Applicable Law or for the establishment or defence of legal claims, and may render it wholly impossible for CD Fitness to continue providing the Services, in which event CD Fitness shall be entitled to suspend, restrict, or terminate the Client's account and access without any refund, compensation, or liability of any nature whatsoever, and the Client agrees to bear all consequences of such withdrawal.
CD Fitness implements and maintains reasonable technical, organisational, administrative, and physical security safeguards designed to protect the personal information in its custody against unauthorised access, acquisition, use, alteration, disclosure, loss, destruction, or misuse, which safeguards may include encryption of data in transit, controlled and role-based access to systems and databases on a need-to-know basis, authentication controls, firewalling and network protection, logging and monitoring, periodic review of access privileges, confidentiality obligations imposed upon personnel and contractors, use of reputable third-party infrastructure and payment providers that maintain their own recognised security standards, and periodic reassessment of its practices.
However the Client expressly acknowledges, understands, and accepts that no method of electronic transmission, internet communication, cloud storage, or digital safekeeping is or can ever be rendered absolutely secure or impenetrable, that the security of information is dependent in material part upon systems, networks, devices, intermediaries, and third parties over which CD Fitness exercises no control, and that CD Fitness accordingly does not and cannot warrant, guarantee, or represent that the personal information of the Client shall at all times remain immune from interception, compromise, breach, or unauthorised access.
The Client further acknowledges and agrees that a substantial part of the responsibility for data security rests with the Client, who shall accordingly maintain the confidentiality of their credentials, employ a strong and unique password, refrain from accessing the Platform over untrusted or public networks or shared or compromised devices, maintain current anti-malware protection and operating system updates, log out after each session, and refrain from transmitting sensitive information through insecure channels.
The Client expressly agrees that CD Fitness shall not be liable, to the fullest extent permitted by Applicable Law, for any unauthorised access to or disclosure, loss, corruption, or misuse of information occurring notwithstanding the implementation of reasonable safeguards, or arising from any act, omission, negligence, or security lapse of the Client or of any third party.
The Client acknowledges and agrees that CD Fitness shall retain the personal information of the Client for such period as is reasonably necessary to fulfil the purposes for which it was collected, to continue providing the Services and access to previously generated Deliverables, to maintain continuity and comparability of the Client's fitness records and progress history, to service any subsequent regeneration, correction, or support request, and thereafter for such further period as may be required or permitted for the discharge of statutory, regulatory, taxation, accounting, audit, and record-keeping obligations, for the detection and prevention of fraud and abuse, for the enforcement of this Agreement, and for the establishment, exercise, or defence of any actual or apprehended legal claim.
The Client acknowledges that such further period may extend for several years beyond the closure of the Client's account and may be determined by reference to applicable limitation periods.
The Client further acknowledges that transactional, invoicing, tax, consent, and acceptance records shall in all events be retained for the full statutory period prescribed therefor irrespective of any deletion request.
Upon a valid written request from the Client for erasure of their personal information, or upon expiry of the applicable retention period, CD Fitness shall delete, destroy, or irreversibly anonymise the information concerned within a reasonable period, save to the extent that retention is required or permitted as aforesaid.
The Client expressly acknowledges and accepts that deletion may be effected in stages and may not extend to encrypted or sequential backup media, disaster recovery snapshots, or archival systems until such media are overwritten or expire in the ordinary course.
De-identified, aggregated, and anonymised data derived from the Client's information, from which the Client is not reasonably identifiable, falls outside the scope of any deletion right and may be retained and used indefinitely.
Deletion of the Client's account will result in the irreversible loss of access to all Deliverables, plans, history, and records, for which loss CD Fitness shall bear no liability whatsoever.
The Client acknowledges and expressly consents to the engagement by CD Fitness of trusted third-party service providers, vendors, processors, and sub-processors for the purpose of operating, delivering, securing, and improving the Services, including without limitation providers of payment processing and gateway services, banking and settlement services, website and application hosting, cloud storage and content delivery, database and infrastructure services, electronic mail transmission and marketing automation, messaging and notification services, customer support and ticketing platforms, analytics, attribution, and performance measurement services, artificial intelligence and automated content generation services, accounting, invoicing, and taxation services, security, fraud prevention, and audit services, and professional and legal advisers.
The Client consents to the disclosure to and processing by such providers of such personal information as is reasonably necessary for the performance of their respective functions.
The Client acknowledges that each such provider processes information under its own terms of service and privacy policy, that CD Fitness endeavours to engage providers that maintain reasonable security and confidentiality standards but does not and cannot control, supervise, audit, or guarantee the internal practices of any such provider, and that CD Fitness shall not be liable for any act, omission, breach, failure, or misuse on the part of any such third party.
The Client further expressly acknowledges and consents that such providers, and the servers, data centres, and infrastructure operated by them or by CD Fitness, may be situated in, and that the Client's personal information may accordingly be transferred to, stored in, accessed from, and processed in jurisdictions outside the Client's own country of residence, including jurisdictions whose data protection laws may differ from or afford a lesser degree of protection than those of the Client's jurisdiction, and the Client grants unconditional and irrevocable consent to every such cross-border transfer and processing.
The Client additionally acknowledges that CD Fitness may disclose personal information to any acquirer, successor, or transferee in connection with any merger, amalgamation, restructuring, sale of business or assets, or insolvency proceeding, and to any court, regulator, or law enforcement authority pursuant to any lawful requirement.
Subject to and in accordance with Applicable Law, the Client may exercise the following rights in respect of their personal information, namely:
The Client acknowledges and agrees that every such request shall be made in writing to CD Fitness through the contact particulars or grievance channel published on the Platform, shall originate from the electronic mail address registered with the account, shall clearly specify the right invoked and the information concerned, and shall be accompanied by such particulars as CD Fitness may reasonably require in order to verify the identity and authority of the requester.
It is expressly agreed that CD Fitness may decline to act upon any request that it is unable to authenticate, that is manifestly unfounded, frivolous, vexatious, repetitive, or abusive, that would compromise the privacy, rights, or safety of any other person, that would breach any legal or professional privilege, or that would contravene any obligation binding upon CD Fitness.
The Client agrees to allow CD Fitness a reasonable period to respond and to extend all necessary cooperation.
The Client acknowledges and agrees that in the event CD Fitness becomes aware of any personal data breach, security incident, unauthorised access, accidental or unlawful disclosure, alteration, loss, or destruction of personal information in its custody that is reasonably likely to result in harm or prejudice to the Client, CD Fitness shall take such steps as it considers reasonable and appropriate in the circumstances.
Such steps may include containing and mitigating the incident, investigating its cause, nature, extent, and impact, engaging technical, forensic, or legal assistance, restoring affected systems and data from backup, resetting credentials or invalidating sessions, strengthening affected controls, notifying the affected Client and any competent supervisory or regulatory authority where and to the extent required by Applicable Law and within the period prescribed thereunder, and preserving records of the incident and of the response undertaken.
The Client acknowledges that any such notification shall be made through the electronic mail address registered with the account or by a notice published upon the Platform.
The Client shall be responsible for maintaining a current and functional registered electronic mail address for such purpose, and notification shall be deemed effectively made upon transmission or publication irrespective of actual receipt or reading by the Client.
The Client further acknowledges and expressly agrees that the making of any such notification, the undertaking of any investigation, the implementation of any remedial measure, or any communication with any authority shall not constitute, and shall not be construed, pleaded, or relied upon as, any admission of fault, negligence, deficiency in service, breach of duty, or liability on the part of CD Fitness.
The Client shall extend full cooperation to any investigation and shall promptly furnish such information as may reasonably be sought.
The Client shall not make any public statement, disclosure, or representation concerning any incident that is inaccurate, misleading, or disparaging.
CD Fitness liability in respect of any such incident shall in all events be governed and limited by the limitation of liability provisions contained in the Agreement.
Where the Client elects, whether at the invitation of CD Fitness or on their own initiative, to submit, upload, or transmit any progress data, weight or measurement logs, food or training diaries, wearable or fitness tracker exports, laboratory or diagnostic reports, body composition analyses, or any photograph, video, or image of themselves or of any part of their body, the Client expressly acknowledges and agrees that such submission is entirely voluntary and is undertaken at the Client's own election and risk.
CD Fitness has neither solicited nor required the submission of any image or clinical document as a condition of the Services save where expressly stated, and the Client shall exercise their own judgement as to the nature, extent, and sensitivity of what they choose to submit.
The Client warrants that any image or material so submitted depicts only the Client themselves, that it does not depict any other identifiable person without that person's consent, that it does not depict any minor, and that it is not obscene, indecent, sexually explicit, or otherwise unlawful.
The Client agrees that CD Fitness may refuse, decline to view, or delete any submission at its discretion without assigning reason.
The Client acknowledges that such material shall be processed solely for the purpose of assessing progress, individualising or adjusting the Deliverable, and providing support, that it shall be handled with the same reasonable safeguards as other personal information but that the limitations upon data security set out in this Agreement apply equally thereto, and that the Client transmits such material over the internet at their own risk.
The Client further expressly agrees that CD Fitness shall not publish, display, reproduce, or use any such photograph, image, measurement, or transformation account for any promotional, marketing, testimonial, advertising, or public purpose whatsoever unless the Client has furnished separate, specific, express, and revocable written consent for that purpose.
CD Fitness shall bear no liability in respect of any material that the Client themselves publishes or shares.
The Client expressly consents to receive communications from CD Fitness by electronic mail, in-application notification, short messaging service, instant messaging platform, telephone call, or such other electronic means as the Client has furnished particulars for.
The Client acknowledges and agrees that such communications shall comprise, firstly, transactional and service-related communications including order and payment confirmations, invoices, delivery notifications, download links, plan updates and regenerations, credential and security alerts, support responses, renewal, expiry, and cancellation notices, and notices of revision to this Agreement, all of which are integral and indispensable to the performance of the contract and in respect of which the Client acknowledges that no right of opt-out subsists for so long as the Client maintains an account or an active Order.
Secondly, promotional and marketing communications including newsletters, offers, discounts, new services announcements, fitness content, and re-engagement messages, in respect of which the Client may at any time withdraw consent by using the unsubscribe facility contained in such communication or by written request to CD Fitness, whereupon CD Fitness shall cease such communications within a reasonable period without thereby affecting transactional communications.
The Client further acknowledges and agrees that all notices, intimations, and communications issued by CD Fitness to the electronic mail address or telephone number last furnished by the Client, or published upon the Platform, shall be deemed to have been validly, effectually, and sufficiently served upon and received by the Client upon transmission or publication as the case may be, irrespective of whether the Client has in fact opened, read, received, or become aware of the same.
It shall be the sole responsibility of the Client to maintain accurate and current contact particulars, to monitor the said channels regularly, and to ensure that communications from CD Fitness are not blocked, filtered, or diverted.
The Client agrees that any notice to be issued by the Client to CD Fitness shall be in writing and addressed to the electronic mail address or grievance channel published upon the Platform, and shall be effective only upon actual receipt and acknowledgement by CD Fitness.
CD Fitness undertakes to treat the health, dietary, anthropometric, and personal particulars furnished by the Client, together with the contents of any consultation, questionnaire, support correspondence, or individualised Deliverable, as confidential.
CD Fitness shall not disclose the same to any third party save and except:
The Client acknowledges that in any of the foregoing circumstances CD Fitness may make such disclosure without prior notice to or consent from the Client and shall incur no liability by reason thereof.
The Client reciprocally undertakes and covenants that the Client shall treat as strictly confidential and shall not disclose, publish, circulate, reproduce, or exploit any non-public information concerning CD Fitness that comes to the Client's knowledge, including without limitation the content, structure, methodology, formulae, templates, algorithms, pricing arrangements, discount structures, internal processes, business plans, supplier or provider identities, and unpublished materials of CD Fitness.
The Client shall not record, transcribe, photograph, screenshot, or otherwise capture any consultation, call, or communication with any representative of CD Fitness without prior express written permission.
The Client agrees that the obligations contained in this clause shall subsist notwithstanding the termination, expiry, cancellation, or completion of the Client's engagement with CD Fitness and shall be enforceable by injunctive relief.
