- In signing this Agreement, you understand that you are waiving your right to open a martial arts academy within a 30 mile vicinity of an existing Campanella Martial Arts location. For avoidance of doubt, you are agreeing not to open a competing school within a 30 mile radius of an existing Campanella Martial Arts facility.
2. In signing this Agreement, you fully understand and accept that this membership agreement automatically renews under the existing fees, terms, and conditions at the expiration date of this agreement and is subject to change at the sole discretion of the management of CMA LLC. You may terminate this agreement only if you do so with 30 days notice in writing and pay a cancellation fee of $150 and/or 3 months of dues.
3. If you sign up during the middle of a month you will be charger for the remainder of that month based on your membership tier. Your monthly membership will start on the next monthly billing cycle.
4. Fees may vary for members depending upon the type of membership, and/or time of purchase. Your fees or dues rate is specified in this Agreement. Unless otherwise specified, all fees and dues are before tax, value added tax or such other consumption tax by whatever name called at the prevailing rate(s).
5. Your membership can be upgraded for increased benefits by payment of an upgrade fee. All payments made on a membership before an upgrade will be utilized upon upgrade and may not be applied against any future obligations that you may incur after the upgrade date.
6. A fixed-term membership consists of monthly dues. Subsequent payments of the monthly dues and taxes are made and must be settled by Autopay. The term of your membership is set forth in “Membership Details” above and you may not terminate a fixed-term membership before the “Membership End Date” indicated in the “Membership Details” section above. You shall enjoy the use of the applicable Campanella Martial Arts facilities for the duration of the term. Campanella Martial Arts reserves the right to increase your monthly dues once per calendar year and such increase in your monthly dues shall be valid and effective upon written notice to you. At the end of the term, your membership will be automatically renewed for a further term of equal duration to the initial fixed-term and will be successively renewed in such manner, until you have given Campanella Martial Arts written notice to terminate in accordance with clause 14 below. The “Membership End Date” will be deemed to be extended for the relevant duration upon each successive renewal.
7. If you have purchased a 4-month or 8-month fixed-term membership, at the end of the term you may only renew for a further fixed-term of equal or greater duration, and you will not be permitted to extend the membership term on a month-to-month basis.
8. Campanella Martial Arts immediately earns the first month’s dues when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees, and any subsequent monthly dues once they have been paid by you, shall be final and are not transferable or refundable. If you have purchased a membership, then whether or not you use the Campanella Martial Arts, you must still pay your dues.
9. All monthly or periodic fees and dues will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees or dues on the due date, Campanella Martial Arts reserves the right to refuse you entry into the facility until such outstanding payment is received. Campanella Martial Arts reserves the right to take appropriate legal actions to recover any outstanding payments. In such event, you agree to indemnify Campanella Martial Arts for any costs and expenses incurred by or associated with such legal actions, including but not limited to legal fees on an indemnity basis, and you shall remain liable for all fees and/or dues during such periods.
10. Monthly Autopay payments will be made on the first calendar day of each month, at the sole and absolute discretion of Campanella Martial Arts. Campanella Martial Arts may extend a five (5) day grace period after the due date at its sole and absolute discretion. Beyond the 5-day grace period, a late fee of $25 will be charged if for any reason Campanella Martial Arts cannot collect on your monthly fees. A pro-rated charge will be added to your first Autopay payment based on the number of days between one month after your date of joining Campanella Martial Arts and the date of your first Autopay payment. You may not cancel your Autopay authorization until the full minimum commitment period has been completed. In the event that any fees, dues or other charges must be charged through manual billing due to absence, cancellation or expiration of a valid Autopay authorization for any reason, you agree to pay the additional monthly administrative or service charge specified in the “Membership Details” section above.
11. Campanella Martial Arts reserves the right to open new gyms and/or relocate gyms by giving not less than thirty (30) days’ notice to members at the affected gym and, subject to clause 15(c) below, you agree to use the nearest or any alternative Campanella Martial Arts and shall not be entitled to terminate membership.
12. Campanella Martial Arts (or portions thereof) are regularly closed on a temporary basis for maintenance, selected holidays and other times based on government or regulatory requirements, and such temporary closures will have no effect on this Agreement so long as such temporary closures are reasonable. If your gym of enrollment is forced to close or partially close by events or occurrences beyond Campanella Martial Arts control, such as, by way of example, strikes, lock-outs, labor disputes, acts of Gods, war, act of terrorism, riots, civil commotions, malicious damage, accidents, fires, floods, earthquakes, typhoons, power outages or compliance with a law or governmental order, rule, regulation or direction (each hereinafter referred to as an “Unforeseen Event”), you will not be entitled to a refund or dues credit or to terminate your membership. However, if your gym of enrollment is forced to close or partially close for more than thirty (30) days by an Unforeseen Event, Campanella Martial Arts will extend your membership, without further payment, for the same period your gym of enrollment was closed or completely unavailable.
13. Only Campanella Martial Arts staff or persons expressly authorized by Campanella Martial Arts may provide Campanella Martial Arts Services to members while they are in an Campanella Martial Arts Gym. “Campanella Martial Arts Services” are types of services that Campanella Martial Arts provides to its members and include, but are not limited to, martial arts classes, private lessons, seminars, workshops, other forms of fitness instruction, and retail sales of food, beverages, nutritional supplements and other products. While in an Campanella Martial Arts facility, you may not solicit or provide Campanella Martial Arts or other similar service to other members or guests, nor may you receive such services from other members or guests. This restriction applies regardless of whether (i)Campanella Martial Arts charges its members for such Campanella Martial Arts Services or (ii) you charge other members or guests or pay other members or guests for such Campanella Martial Arts Services. Campanella Martial Arts shall determine in its sole and absolute discretion whether a service being solicited or provided by you, or being provided to you, constitutes an Campanella Martial Arts Service.
14. If you wish to terminate your fixed-term membership, you must give at least one (1) calendar month’s notice before the “Membership End Date” indicated in the “Membership Details” section above, either in writing to Campanella Martial Arts or in person at your gym of enrollment. Termination may not take place before the expiration of the “Membership End Date”. Premature termination and termination of a membership that has been suspended at your request shall be subject to full monthly dues for the remaining period or suspension period (as the case may be). The minimum cancellation fee for premature termination by you is $150 or three months of dues. However, management may exercise its rights to collect the full amount remaining on the contract.
15. (a) Campanella Martial Arts reserves the right to terminate your membership if you are in breach of this Agreement, the Terms and Conditions or the Rules and Guidelines. No refund in respect of fees or dues will be paid in the event of such termination.
(b) Campanella Martial Arts reserves the right at any time to terminate your membership for any reason not stated in sub-paragraph (a) above provided always that such reason does not contravene local laws and regulations. If Campanella Martial Arts does so terminate your membership, it will send or deliver a termination notice to you and refund any unused fees or dues.
(c) If Campanella Martial Arts closes your gym of enrollment permanently and there is not another Campanella Martial Arts Gym within ten (20) miles of your gym of enrollment, this Agreement will terminate on the date of permanent closure. As such you will not have to pay further monthly dues and Campanella Martial Arts will refund any unused fees or dues. You are not entitled to a refund if there is another Campanella Martial Arts Gym within ten (20) miles of your gym of enrolment.
(d) Campanella Martial Arts reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as an agreement for personal training services.
(e) Upon cancellation or termination of your membership and after any required notice period, your right to use the Campanella Martial Arts Gyms henceforth ceases and you may be denied access to any or all Campanella Martial Arts Gyms. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your membership dues or fees paid for Campanella Martial Arts Services. If you owe Campanella Martial Arts any amounts of money when your membership ends, such outstanding amounts shall be deemed to be and are recoverable as a debt and Campanella Martial Arts is entitled to deduct or offset any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay Campanella Martial Arts the outstanding balance. If your membership terminates or expires for any reason and you want to rejoin, you shall be required to buy a new membership at the then prevailing membership rates.
16. Campanella Martial Arts may send or deliver notices to you at the mailing address or e-mail address specified in the “Personal Details” section above, or such other address as you may have notified in writing to Campanella Martial Arts from time to time. Any such notice, if sent by e-mail shall be deemed to have been duly given upon transmission, and if sent by mail, proper postage pre-paid, shall be deemed to have been duly given three (3) days after posting.
17. By signing this Agreement, you confirm that you have read and agree to the privacy policy including as to how your personal data may be collected, used and disclosed by Campanella Martial Arts and its related corporations as set out in the Privacy Policy.
18. Unless otherwise prohibited or limited by applicable law, by signing this Agreement, you agree that should your personal data under the possession or control of Campanella Martial Arts be lost, leaked, exposed or compromised arising from the action(s) of a third party (such as a third party hacker) through no fault of Campanella Martial Arts, that you will not hold Campanella Martial Arts liable in any way whatsoever including for any losses or damages suffered by you, arising from such loss, leak, exposure or compromise of your personal data.
19. You may not amend the terms of this Agreement. Campanella Martial Arts may amend, vary, delete or add to this Agreement, the Privacy Policy, the Terms and Conditions, the Disclaimer and/or the Rules and Guidelines with immediate effect in its sole and absolute discretion from time to time and where appropriate.
20. The rights of membership shall be enjoyed only by you, and the membership and your rights and obligations under this Agreement may not be transferred, assigned, or novated by you. Campanella Martial Arts may transfer, assign or novate its rights and obligations under this Agreement at any time without notice to you.
21. This Agreement shall be governed by and interpreted in accordance with the laws of The United States of America and Connecticut. In the event of any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, you and/or Campanella Martial Arts shall first seek to resolve the dispute or claim by amicable discussion by giving the other party written notice of the dispute or claim. If no resolution can be arrived at between you and Campanella Martial Arts by amicable discussion, either you or Campanella Martial Arts may refer the dispute or claim to confidential and binding arbitration, provided strictly that such reference to arbitration is made no less than twenty one (21) calendar days after written notice of the dispute or claim is given to the other party. Any dispute or claim hereunder shall be referred to and finally resolved by in a legal setting which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be the United States and the language of arbitration be in English. Matters relating to prospective, ongoing or concluded arbitration (including the existence of an arbitration and/or the dispute or claim and all details thereof) pursuant to this Agreement shall be kept strictly confidential save where disclosure is required by law and parties will not publish details of the same (whether on social media, in print or other form).
22. The provisions of this Agreement are severable and invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Campanella Martial Arts’s failure or delay to exercise any rights or remedies under this Agreement shall not be construed as a waiver of such rights, remedies or provisions.
23. Save as expressly provided or conferred benefits within this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) (hereinafter referred to as the “Act”) to enforce any term of this Agreement. Notwithstanding any provision of this Agreement, you and Campanella Martial Arts may agree to supplement, vary (including any release or compromise of liability), rescind or terminate this Agreement without the consent of any third party and Section 3(1) of the Act shall not apply.
24. This Agreement, together with the Privacy Policy, the Terms and Conditions, the Disclaimer and the Rules and Guidelines, constitutes the entire agreement between you and Campanella Martial Arts with respect to the membership purchase and supersedes all prior discussions, negotiations and agreements. You acknowledge that neither Campanella Martial Arts nor anyone else made any verbal or written representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. In the event of any inconsistency between the terms of Campanella Martial Arts’s signed copy of this Agreement (including under “Personal Details”, “Accounting” and “Membership Details”) and the terms of your copy of this Agreement, the terms of Campanella Martial Arts’s copy shall prevail.
DISCLAIMER OF LIABILITY
25. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the Campanella Martial Arts Gyms or that might be detrimental to your health, safety comfort or physical condition. You confirm that Campanella Martial Arts did not give you any medical advice before you joined and understand that Campanella Martial Arts cannot at any time give you any advice relating to your physical condition and/or ability to use the Campanella Martial Arts Gyms. If you have any health or medical concerns now or after joining, you should consult with your physician prior to using the Campanella Martial Arts Gyms. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner. You agree that Campanella Martial Arts may, at any time and in its sole discretion, require you or your guest(s) to make such declarations in respect of your or your guest’s health, physical condition, travel history, and/or such other details as Campanella Martial Arts may consider necessary.
26. Participation in the activities and the use of the facilities at the Campanella Martial Arts Gyms naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. You understand and acknowledge that activities and the use of the facilities at the Campanella Martial Arts Gyms naturally involve close physical proximity to other persons, members and/or guests, and may involve attendant risks of injury and/or illness to you or your guests(s). Specific risks vary from one activity to another and the risks range from minor injuries to catastrophic injuries including death. In consideration of your participation in the activities and use of facilities offered by the Campanella Martial Arts Gyms, you understand and voluntarily accept this risk and agree that Campanella Martial Arts, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, illness or disease, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any Campanella Martial Arts Gym’s services, facilities or premises, whether related to exercise or not. Further, you understand and acknowledge that Campanella Martial Arts does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Campanella Martial Arts is providing fitness services and may not be held liable for defective products. You agree that you will not make any unfavourable or prejudicial statements to any person (save where such statements are made in confidence to professional advisers for the purpose of obtaining professional advice, provided that the statements shall remain in confidence, or where required by law) relating to the affairs of Campanella Martial Arts, Campanella Martial Arts Gyms or to your participation in the activities and use of the facilities offered by the Campanella Martial Arts Gyms. You agree that you will not disparage or otherwise make any statement or comment unfavourable or prejudicial to Campanella Martial Arts in any medium and on any platform, including on social media, without the prior written consent of Campanella Martial Arts. Your guests agree to abide by the Rules and Guidelines and to be bound by the same limitations of liability that apply to you as a member.
27. You agree to indemnify and hold harmless Campanella Martial Arts, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 26 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).
28. You are solely responsible for the safekeeping of your belongings. Do not leave any valuable property in the facility at any time. Campanella Martial Arts is not liable to you or your guests for any personal property that is damaged, lost or stolen while on or around Campanella Martial Arts’s premises, including but not limited to a vehicle or its contents or any property left in the facility, whether locked or unlocked. You agree that in no event shall Campanella Martial Arts’s maximum liability exceed $200.
Privacy Policy
1. Who we are
1.1 This is the Privacy Policy (“Policy” or “Privacy Policy”) of Campanella Martial Arts LLC (“Campanella Martial Arts”) and its related corporations, subsidiaries or affiliates (collectively the “Group“; each an “Campanella Martial Arts Entity”). The Campanella Martial Arts Entity that you transact with, enter into a contract with or interact with shall be referred to as “Campanella Martial Arts”.
1.2 You have been directed to this Policy because a company within the Campanella Martial Arts Group is collecting, using or disclosing your personal data.
1.3 In this Policy, when we use “we“, “us” or “our“, we refer to the companies (within the Campanella Martial Arts Group) which is/are collecting, using, disclosing or processing your personal data (it will/may be the Campanella Martial Arts Group of companies), or which is operating the Website which you are accessing or using.
1.4 We own and/or operate website(s) such as “campanellamartialarts.gymdesk.com”, and/or any mobile apps that may be published by us (the said website and mobile apps may be collectively or individually referred to as the “Website”).
2. What is the purpose of this Policy?
2.1 The purpose of this Privacy Policy is to inform you and provide you with an understanding of how we, our affiliates, related corporations and associated companies globally, handle, collect, use, disclose and deal with personal data about you that you give us, that we receive through third parties or that is in our possession. Please read this Privacy Policy carefully.
2.2 We are committed to safeguarding the privacy and security of your personal data. We take our responsibilities under the United States Personal Data Protection Act (the “PDPA”) seriously. We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
2.3 The contents of this Privacy Policy may change over time so please check back frequently. Any changes to this Privacy Policy will be posted on and can be viewed at our Website.
2.4 By providing any personal data to us, you declare and affirm that you agree to the terms set out in this Privacy Policy.
3. What personal data is collected
3.1 “Personal data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access.
3.2 By providing your personal data to us, whether you have provided such personal data through our Website, over the phone, at a Campanella Martial Arts academy, a smart phone or social media application, or in any other manner or otherwise, you agree to the collection, use and disclosure of that data in accordance with this Privacy Policy.
3.3 The Campanella Martial Arts Group collects information about you, such as when you provide your information to us, when you use our Website, when you interact with us and/or when you enter into a transaction with us. Without limiting the generality of the foregoing, we collect and hold data that you have provided to us about yourself, and information about your use of our services such as membership information and information about your use of our academies and facilities. The information that we collect will depend on how you use the services offered by the Campanella Martial Arts academy you are interacting with, or the circumstances or the nature of the transaction with you. Personal data which we may collect include :
Name
Home Address
Location Information of yourself and/or your computer or device
Contact Information
Transactional Information
Usage and Preferences
Photograph
Your purchase and/or your transactions with us
Your personal data you provide in applying for Campanella Martial Arts memberships – for example, your name, postal address, date of birth, contact details and credit card details. Personal data you provide as part of your use of the Campanella Martial Arts Group academies and facilities – for example, the frequency with which and the times at which you use an Campanella Martial Arts academy including the classes that you attend.
Personal data you provide as part of your use of our Website and web services – for example, the email address you provide to participate in specific promotions and offers, information you provide about your use of our academy and your fitness
We will collect your personal data in accordance with the PDPA.
3.4 We may collect data by automated means. Various technologies may be used on our Website and our mobile and web-based applications in order to make them more user-friendly, effective and secure. Such technologies may lead to data being collected automatically by us or by third parties on behalf of us. This data does not always, but may, contain a user’s personal data or comprise of personal data. Examples of such technologies include:
(a) Click-stream data. A visit to one of our Website results in data that is transmitted from your browser to our server being automatically collected and stored by us or by third parties on behalf of us. This data can include, in particular, the following:
the visitor’s IP address
the date and time of the visit
the referral URL (the site from which the visitor has come)
the pages visited on our website
information about the browser used (browser type and version, operating system, etc).
(b) Cookies. A number of places on our Website and our mobile and web-based applications make use of cookies. These are essentially small text files that are stored on your computer’s hard drive or your user device by your web browser. We can use cookies to identify the owner of a user account and to store articles in a shopping basket during the purchasing process. In other words, cookies help to make our website or our (mobile and web-based) applications more user-friendly, more effective and more secure. The cookies usually used by us are so-called “session cookies”, which are automatically deleted at the end of the visit to the relevant website. By default, web browsers enable the use of cookies but this function can also be disabled. However, this will result in some services not being available. It is also possible to manually delete cookies after their use via the web browser. More information may be available from your web browser provider.
(c) Flash cookies. A particular form of cookie is the flash cookie. In contrast to normal cookies, these cookies are not created and saved by the web browser but are governed by the Adobe Flash plug-in. These can contain more information than normal cookies and cannot be deleted or disabled via the browser; this is only possible if you follow instructions available from the Adobe Flash Player website. You can also obtain more information about these cookies on that website.
(d) Web beacons and tracking links. Web beacons (also known as pixel tags and clear GIFs) involve graphics that are not apparent to the user. Tracking links and/or similar technologies consist of a few lines of programming code and can be embedded in our Website or our (mobile) applications. In conjunction with cookies, these are primarily used for statistical analysis purposes. This technology can also be used for tracking traffic patterns on websites, as well as finding out if an e-mail has been received and opened and to see if there has been any response.
(e) Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and (mobile) applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or (mobile) application, or to find out what information and services our visitors are most interested in. For these purposes, we primarily make use of click-stream data and the other techniques listed above. Web analytics are carried out by Google Analytics and/or other selected parties. You can find out more information about the processing of web analytics data by Google Analytics in paragraph 6 below.
3.5 In many circumstances, we need to use your personal data in order for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you withdraw your consent to our use and/or disclosure of your personal data, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.
3.6 We may receive information about you from third parties such as if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our Website with your profile on those other websites or social media platforms.
3.7 Our Website may provide links to other third party websites. These linked sites are not under our control, so we are not responsible for the conduct of companies linked to our Website. Before you enter information on to those sites, you should look at their privacy policy and terms and conditions of use. We are not responsible for how they collect, use or disclose your personal data.
4. The purposes for which we collect, use or disclose your personal data
4.1 Campanella Martial Arts will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a) processing and/or dealing with your interest in our products and/or services;
(b) considering, processing, dealing with and/or managing, your booking, reservation, request/application for, of or your purchase of, our membership, products and/or services (the “Transaction”);
(c) facilitating, processing, dealing with, administering and/or managing Transaction(s) by or with you;
(d) administering, facilitating, managing, processing and/or dealing with your relationship with us, your transaction(s) with us, your being our member or loyalty card member, any transactions or activities carried out by you on the Website or at our premises/establishments or with us, your requests, including but not limited to dealing with your adhoc queries, requests or bookings, dealing with your preferences, dealing with your membership needs, dealing with your delivery needs, processing orders and payment transactions, implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a reservation or transaction that includes third party individual(s) or on behalf of third party individual(s) or for third party individual(s), you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name). Further, if any of our classes, services, products and/or programmes that you sign up for or indicate an interest in, is run by a third party service provider, you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name);
(e) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Website, including identifying you for login to the Website, our portals and other online services provided by or on behalf of us. Without limiting the generality of the foregoing, if you:
(i) gain access to or sign in to the Website, using your login credentials of a Social Networking Site, or
(ii) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Website,
it may result in information or your personal data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your personal data;
(f) monitoring, processing and/or tracking your use of the Website in order to provide you with a seamless experience, facilitating or administering your use of the Website, and/or to assist us in improving your experience in using the Website;
(g) administering, facilitating, processing and/or dealing in any transactions, payments, or activities carried out by you on the Website or at our premises or with us;
(h) providing services to you as our customer, as a member of our loyalty programme(s)/card programme(s)/rewards programme(s)/member programme(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(i) registering you as a customer of any of our products or services, and/or to deal with, process and/or administer the account that you may open with us, whether a membership account or otherwise, including to facilitate your transactions or activities at our premises, the Website, or your transactions or activities with us;
(j) carrying out your instructions or responding to any enquiry or complaint given by (or purported to be given by) you or on your behalf including responding to your enquiries and complaints; or responding to or dealing with your interactions with us or your requests; or responding to or dealing with your feedback, comments or reviews. If you have contacted us with any complaints, feedback, comments, suggestions, we will use and disclose your personal data (including your contact history) to respond to you and provide you with the best service possible. If you are the complainant and you do not want us to disclose your identity to the party you are complaining about, you must let us know immediately. However, it may not always be possible to handle your complaint on the basis of anonymity;
(k) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for one or more of the Purposes stated herein. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(l) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback”) that you provide, to Social Networking Sites, to the Website or to us (including at our premises), with other users of the Website or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business, products or services of Campanella Martial Arts (and/or of any member of the Campanella Martial Arts Group), and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s patronage decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our (including our affiliates’) annual reports (if any) etc., and/or incorporated as part of Campanella Martial Arts’s (and/or of the Campanella Martial Arts Group companies’) marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public. If you wish to give us your Feedback without it being disclosed to the public, please separately email our Customer Department at campanellamartialarts@gmail.com and head the subject of your email with the word “Confidential”;
(m) understanding and/or managing your interests, concerns and preferences;
(n) carrying out due diligence, statutorily required activities or other screening activities (including background checks, anti-money laundering checks, know your client checks) in accordance with legal or regulatory obligations applicable to us or any Campanella Martial Arts company (whether United States or other countries), the requirements or guidelines of governmental authorities which we determine are applicable to us (whether United States or other countries) or any Campanella Martial Arts company, and/or our risk management procedures that may be required by law (whether United States or other countries) or that may have been put in place by us or our affiliates/associated companies;
(o) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;
(p) complying with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of United States or other countries), with which we or our affiliates/associated companies are expected to comply;
(q) complying with or as required by any request or direction of any governmental authority (whether United States or other countries) which we or any Campanella Martial Arts company are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction;
(r) conducting research, (including customer research), surveys, market surveys, analysis and development activities (including but not limited to data analytics, and/or profiling), obtaining your feedback to our products, services or facilities, to :
(i) improve or develop our products, services and/or facilities in order to enhance any continued interaction between yourself and us connected or in relation to your relationship with us, the Website, or your Transaction(s);
(ii) improve any of our products or services or facilities, whether now or in the future; or
(iii) improve our understanding of your interests, concerns and preferences.
Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey or request your feedback, by way of email or postal mail.
(s) the conduct of training or training purpose, so as to develop or improve our products or services and/or our staff’s and agents’ services and/or service quality. Without limiting the generality of the foregoing, such training may involve collection, use, disclosure or processing of your personal data including your feedback or comments or reviews;
(t) to facilitate and/or ensure the safety and security of our premises, our customers, our staff and/or visitors to our premises; to deal with, handle and/or conduct disciplinary, security, crime prevention and/or quality assurance processes, matters and/or arrangements. Without prejudice to the generality of the aforesaid, we wish to bring to your attention that there are surveillance cameras / CCTVs installed throughout our premises and/or our offices, for security, crime prevention, safety and training reasons and you acknowledge that your personal data (including your video image and/or audio) will be collected by such cameras and processed by us consequently;
(u) to identify you as a member and without prejudice to the generality of the latter, we may issue you a photo id which has your photograph on such id and you consent to us placing your photograph on such id;
(v) for marketing purpose and in this regard, Campanella Martial Arts (and/or any member of the Campanella Martial Arts Group) would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events (including products, services and/or events of third party organisations with which Campanella Martial Arts (and/or any member of the Campanella Martial Arts Group) may collaborate with) that we (including any member of the Campanella Martial Arts Group) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future, :
(i) by way of postal mail, electronic transmission to your email address(es), push notifications, other forms of in-app notifications or harnessing other technologies (such as geo-location technology) for our mobile application(s) on your mobile device(s) or other technologies on your computers, and/or through other modes of communication that is not the 3 DNC Modes in compliance with the PDPA. You may opt out of this or withdraw from this at any time by sending an email to our Data Protection Officer. For the avoidance of doubt, unlike (ii) below, the application of or your acceptance of or your consent to, this Privacy Policy, constitutes your consent to this subparagraph (i);
(ii) if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your United States telephone number, in compliance with the requirements of the PDPA; and/or
(iii) Notwithstanding (ii) above, regardless that you have not separately provided express consent as aforementioned in (ii) above, Campanella Martial Arts or an Campanella Martial Arts Entity, as the case may be, reserves its right to send a specified fax message (as defined in United States’s Personal Data Protection (Exemption from Section 43) Order 2013) (the “Exemption Order”) and/or a specified text message (as defined in the Exemption Order) (i.e. a marketing fax message or marketing text message) to your United States telephone number, if:
(1) there is an ongoing relationship between Campanella Martial Arts (or the Campanella Martial Arts Entity, as the case may be), and you, and the purpose of the message is related to the subject of the ongoing relationship, pursuant to the requirements and conditions of the Exemption Order; or
(2) the law permits.
For the avoidance of doubt, this subparagraph is without prejudice to subparagraph (r) above for which you have hereby consented to us contacting you for a survey, which you may subsequently opt out of by sending our Data Protection Officer notice;
(w) storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside United States;
(x) maintaining and/or developing our IT or business systems and infrastructure including testing and upgrading of these systems;
(y) creating reports with respect to your Transaction(s) and/or transactions that we have with our customers;
(z) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Campanella Martial Arts and/or of the Campanella Martial Arts Group, Transaction(s), and/or our transactions with our customers;
(aa) anonymization of your personal data. In this regard, you acknowledge that personal data that has been anonymized is no longer personal data and the requirements of the PDPA would no longer apply to such anonymized data;
(bb) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves Campanella Martial Arts as a participant or involves only a related corporation or affiliated company of Campanella Martial Arts as a participant or involves Campanella Martial Arts and/or any one or more of Campanella Martial Arts’s related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(cc) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Campanella Martial Arts or of its affiliates/related corporations;
(dd) Campanella Martial Arts’s or Campanella Martial Arts Group’s reporting purposes including but not limited to reporting on Campanella Martial Arts’s business performance; and
(ee) to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of Campanella Martial Arts;
(ff) to manage and/or deal with any monies or outstanding fees owed by you to us;
(the purposes set out in this paragraph 4.1 above shall be collectively referred to as the “Purposes”)
4.2 You may withdraw your consent for us to process your personal data for marketing purpose mentioned at paragraph 4.1(v) above at any time via one of the following relevant methods:
clicking the Unsubscribe button located at the bottom of our emailers.
contacting us or our Data Protection Officer through email (please refer to the contact details below).
speaking to a Membership Executive at any Campanella Martial Arts MMA locations who will provide you with further simple instructions on how to effect such withdrawal.
4.3 We may/will need to disclose your personal data to third parties, whether located within or outside United States, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside United States) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 4.1, such third parties include :
(a) our associated or affiliated organisations or related corporations, or any member of the Campanella Martial Arts Group;
(b) any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to trainers, fitness instructors, those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies, data centres, hosting and maintenance service providers, analysis services service providers, e-mail messaging services service providers, delivery service provider, handling of payment transactions service providers, marketing service providers, delivery services, debt collection services, handling of payment transactions, solvency check and address check;
(c) our professional advisers, for example, our auditors and lawyers, as well as our insurers;
(d) third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or m