1. DEFINITION AND INTERPRETATION
In this Agreement unless the context otherwise requires, the following expressions have the following meanings:
1.1 “Client” - a person , group, organisation or Venue that uses the Services of the Company.
1.2 “Customer Sale” - money exchange for Services and/ or retail products.
1.3 “Massage Beach Application” – team management, web and mobile application.
1.4 “Massage Beach Representative” – A person who represents The Company on an employed or Contractual basis providing Services to Clients, processing Customer Sales or completing administrative duties for the Company.
1.5 “The Company” – Massage Beach Limited; United Kingdom Company Number 05647521, Unit 2 Uffcott Farm, Uffcott, Wiltshire, SN4 9NB and Spanish registered Company Number ESN8267214H, C/ Antoni Riquer, D’46 Planta Bajo, MR Asesores, 07820, Sant Antoni de Portmany, Ibiza, Spain, Illes Baleares.
1.6 “Services” – the action of carrying out massage, manicure, pedicure, facial and beauty treatments and/or administration tasks.
1.7 “Users” – people who access the Website or Massage Beach Application.
1.8 “Venue” - location in which the Company has an agreement to offer Services.
1.9 “Website” – www.massagebeach.com
This policy explains how The Company uses any information you provide as a Client, User or as a Massage Beach Representative during your use of our Website, when you process a Customer Sale or input information into the Massage Beach Application.
2. INFORMATION WE COLLECT ABOUT YOU
We collect information from Users and Clients to provide Services and to process Customer Sales.
We collect information from Massage Beach Representatives to share legal information and documentation with Venues as part of the agreement to offer Services at their premises. We may also share some information with Clients to advertise the Services and to increase Customer Sales.
Categories of Information we collect from you:
- Relating to Clients, Users and Massage Beach Representatives:
2.1 Identity data - information used to identify Clients, Users and Massage Beach Representatives including first name, last name, email address, hotel room number, log in and password details.
2.2 Contact data - postal address, email address and telephone number.
2.4 Technical data - internet protocol (IP) address, log in (password), browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used by the user to access your website or app.
2.5 Operational data - including interaction with the Services and transcripts from email correspondence.
2.6 Location data –
- data that is used to enable the Massage Beach Representative to find the Client in order to perform the Services when completing mobile bookings at the Clients location of choice.
- Data that is used to identify the client and/ or Massage Beach Representative location when using the Massage Beach Application.
2.7 Aggregated data - data that is collected, used and shared such as statistical or demographic data for any purpose, eg. used to analyse trends, track Clients and Users movements whilst operating the Website or Mobile Application and to gather information on our Client and User base as a whole. Or, in the case of Massage Beach Representatives we may collect data such as, but not limited to the number of treatments completed, schedule information, performance statistics, Client reviews, therapist targets and laminate loss.
- Relating to Users and Clients only:
2.8 Transaction data - includes details of the Products and Services Clients have purchased from Massage Beach.
2.9 Service notes - we may collect information about our Services delivery. For example, instructions on how to access your location for Services completed on a mobile basis. You provide this information voluntarily. We pass this information on to Massage Beach Representatives so that they can complete the Services.
2.10 Treatment Reports - Massage Beach Representatives record aftercare tips, advice and provide an assessment of the treatment they carried out and your wellness. This information is kept private and confidential and is only shared with Massage Beach Representatives who will be carrying out a Service on you.
2.11 Consultation Information - This will include name, email address, contact telephone number, hotel room number and medical information. It is vital we receive this information to ensure it is safe for Clients to receive the Service and to adhere to insurance regulations for your safety. Consultation Information will only be shared with reputable third parties (Insurance Provider or Braintree Payments) in the instance a claim is made against a Massage Beach Representative or a payment has been charged back by the Client.
- Relating to Massage Beach Representatives only:
2.12 Assessment data includes but is not limited to information on qualifications and certification, training assessment results, contact logs data, performance and ratings data.
2.13 Profile data includes but is not limited to photograph of the Massage Beach Representative, biography, legal documentation confirming the right to work, address and next of kin details, medical information, average rating obtained from Client reviews, booking and schedule information.
- Information we may collect from you from your use of the Services:
2.14 We will use this information to manage the offer of Services and for internal operations, including troubleshooting, data analysis, testing, research and statistical analysis.
2.15 This information will also be used to allow you to receive our Services, when you choose to do so. It is always your choice whether or not to provide information. If you do not provide certain information however, you may not be able to use certain features of the website or app or be provided with our Services.
2.16 When you visit the Website and Massage Beach Application we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Website or Massage Beach Application and your IP address (the unique address which identifies your device on the internet) and your operating system, which are automatically recognised by our web server. You cannot be identified from this information and it is only used to assist The Company in providing an effective service on the Website and Massage Beach Application and to collect broad demographic information for aggregate use.
3. USES MADE OF YOUR INFORMATION
We will use the personal information described above to:
3.1 Identify Users, Clients and Massage Beach Representative’s when they sign into their account.
3.2 To process Clients and Users bookings of Services; send confirmation of Services; bookings, cancellations, email receipts and to enable Client’s, Users and Massage Beach Representative’s access to other information through the Services including but not limited to customer service requests or assistance with dispute resolution.
3.3 Administer Client, User and Massage Beach Representative’s accounts.
3.4 To assess Massage Beach Representative’s qualifications and to create and maintain Massage Beach Representative’s profiles on the Massage Beach Application.
3.5 To manage and process the collection of payments from Clients and Users on behalf of Massage Beach Representative’s for Services.
3.6 Analyse the use of the Services and the visits to the website and Massage Beach Application in order to improve our content and Services.
4. HOW WE MAY SHARE YOUR INFORMATION
4.1 We share the information Users and Client’s provide with Massage Beach Representative’s to assist them in providing the Services booked.
4.2 In order to provide the Services, we may share the information Massage Beach Representative’s provide to Clients to assist them in selecting a Service for the Client.
4.3 We may disclose aggregate statistics about visitors to the Website in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes.
4.4 In the event that we undergo re-organisation, or are sold to a third party, you agree that any personal information we hold may be transferred to that re-organised entity or third party.
4.5 We may disclose your personal information if legally entitled or required to do so if required by law or by a court order or if we believe that such action is necessary to prevent fraud or cybercrime or to protect the Site or Service, or the rights, property or personal safety of any person.
- Information you may collect as a Client, User or Massage Beach Representative:
4.6 If you are a Massage Beach Representative, you are responsible for ensuring that you comply with applicable data protection law in respect of any personal information that you collect from Clients in the course of your provision of the Services. The Company does not accept any responsibility for this processing of personal data.
4.7 If you are a Client or User, you are responsible for any misuse of personal information that you may collect in the course of your receipt of the Services. The Company does not accept any responsibility for this processing of personal data.
5.1 You may establish links to the Website provided: You link only to the home page of the Website; You do not remove or obscure advertisements, the copyright notice or other notices on the Website; You give The Company notice of such link by sending an e-mail message to The Company at firstname.lastname@example.org and You immediately stop providing links to the Website if notified by us.
5.2 We make no representations whatsoever about any other websites that you may access through Our Website or which may link to Our Website. These links are provided for your ease of reference and convenience only. When you access any other website, it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that you will not involve The Company in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.
6. LINKS TO OTHER SITES
The Website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over any other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
7.1 Measure the number of visitors to the Website and Massage Beach Application.
7.2 To see how Clients and Users navigate the Website and Massage Beach Application, to see which resources they access.
7.3 View Clients and Users buying behaviours to allow the Company to see the latest buying trends.
7.4 See information about Clients and Users internet connections and the equipment used to access the Website and Mobile Application. We use this information to help the Company to improve the content of the Website and Massage Beach Application or to improve the matching of your interests or preferences.
7.5 The information we collect using cookies does not identify you personally. For example, it does not identify your email address. It may include the IP address and/or the domain name of the computer you use. You should be aware that this information might therefore also identify.
- The company you work for (if You access Our Website from your place of work).
- Your Internet Service Provider. It may also identify information about your computer, for example your operating system and browser type.
- If you access Our Website or Massage Beach Application by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in our logs and not the address of your computer.
7.6 If you do not want a cookie to be stored in your computer or mobile device, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If you refuse to accept cookies you may be unable to access certain parts of the Website or Massage Beach Application.
For more information on cookies please see the ICO website at https://ico.org.uk.
8. CHILD SAFETY
Protecting the safety of children when they use the Internet is important to us. Our Website and Massage Beach Application is not directed towards children and we do not knowingly collect personal information from children without parental or guardian consent. If you believe that your child may have provided the Company with personal information without your consent, you may alert the Company by sending an e-mail to: email@example.com
9. ELECTRONIC PAYMENT PROCESSING
All payment transactions made through the Website or Massage Beach Application are conducted through our payment provider Braintree Payments (sister company of PayPal). You will be providing credit or debit card information directly to these providers who process payment details, encrypting your credit/debit card information and authorising payment. When you process a payment through the Website or Massage Beach Application you will stay on our Website or Massage Beach Application but will provide your information directly to Braintree Payments, we only see a tokenised version of the information. The processing of your payment information is done so in accordance with Braintree Payments own privacy policies and terms:
10.1 Security of all personal information associated with Users, Clients and Massage Beach Representative’ is of upmost importance to the Company. We have implemented technical and organisational measures to ensure the security of information and to protect any personal information that is transmitted, stored or otherwise processed against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. In addition, we limit access to this information to only those Massage Beach Representatives and other third parties who have a business need to know. They will only process it on our instructions, and they are subject to a duty of confidentiality.
10.2 The safety and security of your personal information also depends on you. Where you have a secure login and password security to access certain parts of the Website and Massage Beach Application you are responsible for keeping your login and password confidential. We ask you not to share your log in details or password with anyone. We advise to close your browser when you have finished your user session to help ensure others do not access your personal information.
10.3 Unfortunately, no electronic data transmission over the internet or storage of information can be guaranteed to be completely secure or error free and we therefore, cannot warrant or guarantee the security of information you submit via our Website or Massage Beach Application transmitted and any such submission is at your own risk.
11. DATA STORAGE AND INTERNAL TRANSFERS
Information that you submit via the Website and Massage Beach Application or when you receive one of our Services, this information is sent to and stored on secure servers based in the UK. We backup information by encrypting it and storing it both inside and outside of the EEA, for example in Germany and the United States. When we transfer your information in this way, we will take steps to require that that your privacy rights continue to be protected. We work with DropBox to backup servers.
The Company will have no liability of the disclosure of information due to errors in transmission or unauthorised acts of third parties.
12. OPTING OUT
Where we have your consent, or where you have not objected to receiving (as applicable) we will use your personal information to send you appointment confirmations, feedback surveys, therapist review requests, Services receipts on Services reminders.
You can object to further marketing communications at any time by notifying The Company by email at firstname.lastname@example.org.
13. HOW LONG DO WE KEEP YOUR INFORMATION?
13.1 We need to retain Client and User information for as long as you remain an active user of the Services in order for the Company to meet our contractual obligations to you, and for such longer periods as are legally required or permitted.
13.2 We may need to retain certain personal information even once a Client and User account has been closed for differing periods, depending on the category of personal information concerned, for example, to enforce our terms, for fraud prevention, to identify, issue or resolve any legal claims, for proper record-keeping purposes and/or as required for our business operations or by applicable law.
13.3 We retain Client consultation records on our servers indefinitely.
14. YOUR RIGHTS
You have the right under certain circumstances:
14.1 To be provided with a copy of your personal information held by us.
14.2 To request the rectification or erasure of your personal information held by us.
14.3 To request that we cease processing your personal data in certain circumstances
• To object to our processing of personal data for the purposes of sending you direct marketing emails.
• To request that we restrict the processing of your personal information while we verify or investigate your concerns.
• To request that your information be transferred to a third party.
• To withdraw consent where your personal information has been processed on this basis. You have the right to withdraw that consent without detriment by emailing the Company at email@example.com.
If your request or concern is not satisfactorily resolved you may approach the local data protection authority; EU: https://ec.europa.eu/info/law/law-topic/data-protection_en, UK: https://ico.org.uk.
You should check this page regularly to ensure that you are happy with any changes. This policy is effective from 22nd January 2020.
By email: firstname.lastname@example.org
Massage Beach Limited
Unit 2 Uffcott Farm