1. Bel Privacy
1.1 Privacy Conditions Applying to Coaches
As part of our Services Coaches will receive the personal data of Heroes who wish to be contacted in regards to online fitness coaching (contact details, fitness journey and fitness goal). Whilst using the Service coaches occupy the role of data processor, the personal data provided is only to be used for the express purpose of contacting the Hero and providing them with information about coaching services. Should the Hero wish to progress to purchasing the Coach’s services, this would now fall outside of Bel’s service offering and the Coach would become responsible for setting up a new agreement with them as the data controller. Coaches are responsible for any data they receive and should handle it in accordance with The Data Protection Act (DPA) 2018. As such Coaches must comply with the following rules:
- Coaches must destroy any Hero’s personal data held following termination of the coaching agreement between the Coach and Hero, and following termination of use of Bel’s services.
- Coaches shall implement appropriate technical and organisational measures to protect Hero personal data.
- Coaches must inform Bel of any data breach (accidental or malicious) within 24 hours of becoming aware of the breach of Hero personal data. The notification must include: the nature of the breach (types of personal data involved and approximate number of Heroes affected); any likely consequences of the breach; and steps taken to address the breach and mitigate its possible adverse effects.
- Under The DPA 2018 data processors (coaches) will be liable for any applicable fine issued by the Information Commissioner's Office (ICO) following a coach’s breach of The DPA 2018.
- Coaches must not engage a further data processor (another coach or alternate third-party) to provide the service to the Hero without prior authorisation from Bel.
- Coaches must be able to demonstrate compliance with the above requirements and be able to provide evidence of this to Bel upon request or in support of any audit activities.
In accordance with the DPA 2018 Coaches are classed as data processors and as such are liable for a fine if they are responsible for a breach.
1.2 Privacy Conditions Applying to Heroes
When requesting to be contacted by a Coach, Heroes permit Bel to share the personal information they have provided with that Coach. In some cases Heroes will be able to request that they are contacted by coaches outside of the UK. By submitting this request, Heroes acknowledge that Coaches outside of the UK are not governed by the same data protection laws meaning their data might be treated to a differing standard. Consent to share personal data with a Coach from outside the UK is limited to that individual Coach and will not be applied to other Coaches in the same country.
2. Limitation of Liability
Bel is not liable for any indirect, incidental, punitive, special, consequential or exemplary damages or loss of any kind arising from the use of our Services and website.
You acknowledge and agree that submission of any information is at your sole risk, and to the maximum amount permitted by law, Bel hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
2.1 Limitations of Liability Applying to Coaches
Bel is not liable for any lost profits, cost of substitute products or services, loss of data, or work stoppage resulting from the use of our Services or any alleged failure of performance, error, omission, interruption, deletion, defect or delay in our Services. Coaches also specifically acknowledge that Bel is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of our Services.
By using the Service, Coaches acknowledge that they are liable for any injury sustained by Heroes who employ their services. Bel will, in no way, be liable for any injury.
2.2 Limitations of Liability Applying to Heroes
Bel is not liable for any accident or injury caused in the process of using our Services or from the performing of any exercise or workouts provided by Coaches. Heroes accept that they engage in any physical activity at their own risk and acknowledge that engaging in any exercise or exercise program can lead to the risk of physical injury. If Heroes engage in exercise or exercise programs given to them by a Coach, they do so at their own voluntary risk. By participating in exercise or exercise programs resulting from our Service, Heroes assume all risk of injury to themselves.
Bel assumes no liability for any loss of earnings or indirect, incidental, punitive, special, consequential or exemplary damages resulting from the engagement in exercise or an exercise program provided to them as a result of using our Services.
3. Intellectual Property Rights
Bel’s website (“the Site”) and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof) are owned by Bel and are protected by United Kingdom copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Terms grant Heroes and Coaches personal, non-exclusive, non-transferable, revocable license to access the Site. You may access the material on the Site only for your own personal use. Coaches can access the Site in a commercial capacity only once they have become a verified member of the Bel Coaching Club. Heroes and Coaches must not reproduce, distribute, modify, store or transmit any of the material or personal data that they acces through the Site except where this is necessary to make use of the Service and for features of the site that enable sharing via email, social media, linking and other platforms expressly enabled by the Site.
Heroes and Coaches must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from the copies of materials from the Site.
- Reverse-engineer or otherwise attempt to steal the software code of the Site.
Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.
4. Code of Conduct
Our Services are dedicated to helping Heroes achieve their fitness goals and helping Coaches grow their businesses. We are committed to providing a safe and comfortable environment and harassment-free experience for both Heroes and Coaches regardless of the following; gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, nationality, religion, or political views. Any user found to be in breach of the Bel Code of Conduct will have their account terminated without prior notice.
4.1 Bel Coaching Standard
Coaches agree to be held to the Bel coaching standard as detailed below. Failure to abide by these standards will result in potential termination of your account. By signing up to the Services Coaches agree to:
- Provide coaching to the best of their abilities, which is designed in line with the goals of the Hero.
- Keep the health and wellbeing of Heroes at the forefront of all they do.
- Make considerations for a Hero’s mental health when providing physical and nutritional guidance.
- Respond to Hero requests in a timely manner.
4.1.1 Coach Responsibilities to Bel
In order to understand the quality of our Services Bel will carry out monthly conversion questionnaires. By signing up to our Services Coaches agree to respond to the monthly conversion questionnaire. Failure to do so will result in follow up communications and continued failure to carry out this responsibility could result in the termination of a Coach’s account.
You’re free to stop using our Services at any time. If you wish to remove your profile from the database then please send your request to firstname.lastname@example.org.
We reserve the right to suspend or terminate your access to the Services with notice to you if:
- You’re in breach of these Terms.
- You’re using the Services in a manner that would cause potential risk of harm or loss to Bel or others users.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- You’re in material breach of these Terms.
- Doing so would cause us legal liability or compromise our ability to provide the Services to our other users.
- You are in breach of our Code of Conduct.
- We’re prohibited from doing so by law.
6. Notification of Change
We may revise these Terms from time to time. The changes will be for one of the following reasons:
- Changes to the law.
- New regulatory requirements.
- Improvements or enhancements made to our Services.
The most current version of the Terms will govern our relationship with you. We will try to notify you of material changes. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
7. Contact Us
If you have any questions regarding these Terms you may contact Bel using the following email address - email@example.com. Please state that you have a query relating to these Terms in the subject of any email.