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Storm Fitness New Starter Forms

Name		D.O.B.
Address	State	Postcode	City
Contact Telephone Number		Email address
How did you hear about Storm Fitness? Google Social Media A recommendation Other:
GP Name/Practice
Please provide the name and contact telephone number of the person you would like us to contact in case of emergency
*Emergency contact Name		*Emergency Phone

Has your doctor ever said that you have a heart condition and that you should only do activity recommended by a doctor? *
Yes      No

Do you feel pain in your chest when you do physical activity? *
Yes   No

In the past month have you experienced chest pain when you were not doing physical activity? *
Yes      No

Do you lose balance because of dizziness or do you ever lose consciousness? *
Yes      No

Do you have a bone or joint problem that could be made worse by a change in your physical activity? *
Yes      No

Is your doctor currently prescribing any drugs? *

Please personalise your preference with regards to photography and videography- Our trainers regularly use photography and video to measure progress, better explain exercises and occasionally for marketing purposes. Please tick the boxes below to select under which circumstances you are happy for photo and video to be used.Please note you can update your preferences at any time by emailing us info@storm-fitness.com*

Photographs for internal use to measure progress and or technique

Video for internal use to measure progress and or technique

Photography to be used on our website

Video to be used on our website

Photography to be used on our social media and the social media of our trainers

Video to be used on our social media and the social media of our trainers

Do you know of any other reason why you shouldn't do physical activity? *

PERSONAL TRAINING TERMS AND CONDITIONS

(1:1 AND 2:1 SESSIONS)

Storm-Fitness Ltd (“Storm”) a company registered in England and Wales. We are registered at Companies House under company registration number 07228134 and our VAT registration number is 141189229.

Our normal address for correspondence is Studio 2, Benfield Business Park, Benfield Road, Newcastle upon Tyne, Tyne and Wear, NE6 4NQ and our email address is info@storm-fitness.co.uk.

1. PARTIES, STATUS AND BASIS OF THIS PERSONAL TRAINING AGREEMENT

1.1 In these terms, “Trainer”, “we”, “us” and “our” refer to the individual personal trainer who delivers a particular Session to you. Different Sessions may be delivered by different Trainers but only if agreed by the client.

1.2 “Storm Fitness” (“Storm”) refers to the gym business which provides facilities and administrative systems and may act as a booking and/or payment collection agent for Trainers.

1.3 For each Session you attend, your contract for personal training services for that Session (the “Services”) is between you and the Trainer who delivers that Session. Storm is not the supplier of the Services and is not a contracting party, except to the limited extent that it provides facilities and administrative support.

1.4 Where Storm collects or processes payments, it does so solely as an agent on behalf of the relevant Trainer(s). All such payments are treated as payments to that Trainer (or those Trainers).

1.5 Each Trainer is responsible for:

The design, scheduling and delivery of the Sessions they provide to you;

Setting the prices for those Services (as notified via Storm or directly); and

Any tax obligations arising from the supply of those Services to you.

2. SERVICES AND SESSION TYPES

2.1 The Services consist of structured exercise, fitness and/or wellness coaching sessions delivered by a Trainer, usually at Storm’s facilities (unless otherwise agreed in writing).

2.2 Sessions are offered in the following formats:

1:1 Sessions; one client with one Trainer;
2:1 Sessions; two clients training together with one Trainer.

2.3 You may train with more than one Trainer over time. Your programme may be designed and/or updated by one or more Trainers, but for each Session, the Trainer delivering that Session is the person supplying the Services to you for that Session.

2.4 The Trainer will:

Discuss your aims, objectives and relevant health information;

Design a training and wellness programme specifically for you (and, for 2:1, jointly with the other client); and

Review and adapt that programme as you progress.

2.5 Each Session lasts up to 1 hour (a “Session”) unless you and your Trainer expressly agree otherwise.

2.6 The Services are personal to you and may not be transferred to or shared with anyone else, other than as part of an agreed 2:1 arrangement.

3. SUBSCRIPTIONS AND SESSION CREDITS

3.1 Subscription options

3.1.1 Subscriptions are based on how many Sessions per week you wish to train with a Trainer (typically 1, 2 or 3 Sessions per week, for either 1:1 or 2:1 training).

3.1.2 Current subscription prices and whether they apply to 1:1 or 2:1 Sessions will be confirmed via Storm or by a Trainer.

3.1.3 Subscription payments are taken every 4 weeks in advance and cover the following 4 weeks of Sessions.

3.1.4 You will normally receive an email notification from the payment provider a few days before each payment is collected.

3.1.5 Subscriptions can be cancelled, paused or changed at any time via the “MANAGE PT PAYMENT” page on Storm’s website. You must also inform your Trainer of any changes that affect booked Sessions.

3.2 Session Credits under subscriptions

3.2.1 Depending on your chosen subscription, you will receive 4, 8 or 12 Session Credits every 4 weeks.

3.2.2 Session Credits can be used only for the format agreed:

1:1 subscriptions → 1:1 Session Credits;

2:1 subscriptions → 2:1 Session Credits (for you and the agreed training partner).

3.3 Unused Session Credits

3.3.1 If you do not use all your Session Credits within the 4‑week billing period, they will remain on your account.

3.3.2 You may:

Use them as additional Sessions in later weeks (subject to Trainer availability); or

Pause your subscription to use up accrued Credits.

3.3.3 Session Credits expire 12 months from the date of issue. You can check your balance via the Mindbody website or by asking a Trainer.

3.4 Extra Session Credits

3.4.1 If you use all of your Session Credits before the end of a 4‑week period, you may purchase additional one‑off Sessions. A Trainer will provide a payment link for these.

3.4.2 You may request to increase the number of weekly Sessions on your subscription. A Trainer will confirm if this is possible and the applicable price.

4. BLOCK BOOKINGS AND INDIVIDUAL SESSIONS

4.1 Block bookings

4.1.1 If you do not wish to use a recurring subscription, you may purchase Block Bookings of a fixed number of Sessions (for example, 4, 8, 16 or 24 Sessions), for 1:1 or 2:1 as agreed.

4.1.2 Block Bookings must be paid in full in advance before any Sessions are delivered.

4.1.3 Block Bookings are non‑refundable, except where you are certified by a doctor as medically unfit to participate, in which case a refund for unused Sessions may be provided at the relevant Trainer’s discretion.

4.1.4 Block‑booked Sessions are valid for 12 months from purchase, unless otherwise agreed in writing with a Trainer.

4.2 Individual Sessions

4.2.1 You may purchase individual Sessions on a one‑off basis, in advance.

4.2.2 Where you purchase two or more individual Sessions in advance, they will be valid for 12 months from purchase.

4.2.3 Individual Sessions are only available if you have already completed an initial subscription or block to allow for proper assessment and planning.

5. PAYMENTS AND ACCOUNT STATUS

5.1 All payments for Subscriptions, Block Bookings and individual Sessions are made online. A Trainer will provide payment links or instructions on how to purchase sessions.

5.2 Where a payment covers Sessions delivered (or to be delivered) by more than one Trainer, Storm collects that payment as agent for each relevant Trainer in respect of their share of the Services.

5.3 No training Services will be delivered unless your account is in credit. Trainers may suspend or cancel Sessions where payment is overdue.

5.4 You are responsible for ensuring that your payment details are correct and that sufficient funds are available on the relevant payment date.

6. BOOKING, CANCELLATION AND LATENESS

6.1 Booking Sessions

6.1.1 Once you have purchased a package with your Trainer, you will arrange Session days and times directly with them (by text, email or other agreed method).

6.1.2 You are encouraged to book Sessions in advance to secure your preferred times, your Trainer will advise.

6.1.3 You must not over‑book or reserve more Sessions than you reasonably intend to attend. If over‑booking is identified, your Trainer may cancel some reserved Sessions.

6.2 Arriving for Sessions

6.2.1 It is recommended that you arrive at least 10 minutes before your Session start time so that you can begin promptly and make full use of the Session.

6.3 Rescheduling Sessions

6.3.1 Requests to reschedule a Session will normally be treated in line with the Cancellation Policy at clause 6.4. This means that if you ask to move a Session with less than 24 hours’ notice, the Session Credit will usually be treated as used.

6.3.2 In exceptional circumstances only (for example a genuine medical emergency, serious family emergency or significant travel disruption outside your control), a Trainer may, at their sole discretion, allow a late reschedule without loss of the Session Credit. Evidence of the emergency may be requested.

6.3.3 Rescheduling for non‑urgent reasons (including change of personal plans, avoidable diary clashes or preference for a different time) will not be treated as an exceptional circumstance and will follow the standard 24‑hour rule.

6.3.4 In the first instance, you should contact the Trainer you are booked with directly. If you cannot reach them, you may email Storm at info@storm-fitness.com, who will assist in passing on your request.

6.3.5 While we will consider all requests reasonably, we cannot guarantee that a rescheduled time will be available or that an exception will be made.

6.4 Cancellation Policy

6.4.1 Early cancellations

You may cancel a Session without charge up to 24 hours before the scheduled start time (the “Notice Period”). In that case, your Session Credit will not be used.

6.4.2 Late cancellations

If you cancel a Session with less than 24 hours’ notice, the Session Credit will be deemed used and will not be refunded.

6.4.3 No‑shows

If you do not attend a booked Session and fail to give notice to Storm or the Trainer, the full Session amount will be charged / the Session Credit will be deemed used.

6.5 Late attendance

6.5.1 If you are more than 20 minutes late for a Session and have not contacted the Trainer, the Session will still finish at the scheduled end time and the full Session Credit will be used.

6.5.2 If you are less than 20 minutes late, and if the Trainer’s schedule allows, they may extend the Session so you receive the full planned duration. If this is not possible, the Session will still finish at the original time and the full Session Credit will be used.

6.5.3 Full duration cannot be guaranteed if you arrive late.

6.6 Trainer unavailability and lateness

6.6.1 Where reasonably possible, Storm and/or the relevant Trainer will provide at least 7 days’ notice if that Trainer will be unavailable for scheduled Sessions (for example, holidays). You may be offered an alternative Trainer.

6.6.2 If a Trainer is unable to deliver a Session at short notice due to illness, emergency or other unforeseen circumstances, Storm will try to provide a replacement Trainer. If no suitable replacement is available, you will not be charged for that Session and your Session Credit will not be used.

6.6.3 If a Trainer is going to be more than 5 minutes late, they will seek to contact you. If they are 10 minutes or more late, that time will be added to that Session (where possible) or credited to a future Session.

7. HEALTH, SAFETY AND SUITABILITY TO TRAIN

7.1 Your health and safety are the main priority of each Trainer and of Storm.

7.2 You agree to:

Complete any health questionnaires or screening forms honestly and in full;

Inform a Trainer of any existing or new medical conditions, injuries, pregnancy or other factors that may affect your ability to train; and follow any medical advice given by your doctor or healthcare professional.

7.3 You are responsible for consulting your doctor before starting or significantly changing any exercise programme, particularly if you: Have or suspect you have a medical condition or injury; Are pregnant or post‑natal; or Have been advised to limit physical activity.

7.4 Any Trainer may, at any time, decide that it is unsafe for you to continue a Session (for example, due to illness, injury, inebriation or other concern). In such cases, the Trainer may refuse to start or may stop the Session.

7.5 You should only attend Sessions if you feel fit and well enough to train. If in doubt, you should seek medical advice and inform a Trainer accordingly.

8. RISK, LIABILITY AND DISCLAIMER

8.1 Inherent risks of exercise

8.1.1 You acknowledge that physical exercise and training carry inherent risks, including (but not limited to) muscle soreness, strains, sprains, falls, and in rare cases more serious injury.

8.1.2 By participating in the Services, you accept these risks and choose to take part voluntarily.

8.2 Information you provide

8.2.1 Trainers will rely on the information you provide in health questionnaires and discussions. You are responsible for ensuring that all information is complete, accurate and up to date.

8.2.2 Neither any Trainer nor Storm will be liable for any injury, loss or damage arising from your failure to disclose relevant information or from providing misleading or incomplete information.

8.3 2:1 Sessions – shared responsibility

8.3.1 In 2:1 Sessions, you understand that the Trainer’s attention is divided between two clients and that you must each take particular care to:

Follow instructions; Use equipment correctly; and Train within your own physical limits.

8.3.2 Each client in a 2:1 Session remains individually responsible for their own health, safety and compliance with guidance.

8.4 Limitation of liability (as far as the law allows)

8.4.1 Nothing in these terms excludes or limits liability for: Death or personal injury caused by negligence; Fraud or fraudulent misrepresentation; or Any liability which cannot legally be excluded or limited.

8.4.2 Subject to clause 8.4.1, Trainers and Storm will not be liable for:

Any loss or damage that is not a foreseeable result of their breach of contract or negligence;

Any loss of profit, business, or expected savings; or

Any loss or damage arising from your failure to follow instructions, use equipment properly or comply with these terms.

8.4.3 Subject to clause 8.4.1, the total liability of all Trainers and Storm to you for any claim arising out of or in connection with the Services (whether in contract, tort, negligence or otherwise) will be limited to the total fees you have paid for Sessions in the 12 months immediately before the event giving rise to the claim.

8.5 Personal belongings

8.5.1 You bring your personal belongings to Storm’s premises at your own risk.

8.5.2 Trainers and Storm are not responsible for any loss, theft or damage to personal property unless caused by their negligence.

8.6 Trainer details on confirmations and receipts

8.6.1 The name of the Trainer who is supplying the Services for each Session will be shown on your booking confirmation, schedule and/or receipt wherever reasonably possible.

8.6.2 Where a payment covers Sessions delivered by more than one Trainer, your schedule or receipts will indicate, or records held by Storm will show, which Trainer is responsible for which Sessions.

9. GENERAL

9.1 Changes to these terms

These terms may be amended from time to time. The current version will be made available to you. Continued booking or attendance at Sessions will be treated as acceptance of any updated terms.

9.2 Governing law

These terms are governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

9.3 Entire agreement

These terms set out the entire agreement between you and the relevant Trainer(s) in relation to the Services and supersede any prior discussions or understandings, whether written or oral.

I have read and understood the terms and conditions, cancellations and refund policy and I accept these terms. *

Yes I have read the terms and conditions and I am happy to proceed

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Address:	City:	State:
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Full Name and Birth Date of family members under the age of 18

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#2	First Name:	Last Name:	Birth Date:
#3	First Name:	Last Name:	Birth Date:
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By checking this box I agree to have read and agree to the legal agreement above.

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Our Privacy Policy

PLEASE NOTE THAT WAIVERKING, INC.’S (“WaiverKing”) PRIVACY POLICY HAS CHANGED EFFECTIVE May 25th, 2018.

You acknowledge that this privacy policy is a part of our website’s Terms of Service, and by accessing or using our website, you agree to be bound by all of its terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, AS UPDATED, PLEASE IMMEDIATELY STOP ACCESSING THE WEBSITE.

This document explains how we use your personal data.

When you sign up to use this service provider’s services, you do so through software provided by us, WaiverKing.

We are committed to ensuring the privacy of all users of our software and services and other visitors to our website. In this policy we explain how we hold, process and retain your personal data.

In respect to the account data, waiver data, and payment data (as defined below) that you provide to us, we are acting as a data processor on behalf of the service provider, who will be acting as the data controller in respect to such data. We will never store or control this data. You should direct any requests or queries you have regarding this data to the data controller, your service provider.

1. How we use your personal data

1.1. This section provides you with information about:

a) what personal data we hold and process;

b) in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;

c) the purposes for which we may process your personal data; and

d) the legal grounds on which we process your data.

Members and end users of our services

1.2. Account data. We may process information about you that you provide to us when you first sign up with a service provider ("account data"). This account data may include your name, address, telephone number, email address, date of birth, gender, employment details, and a photograph of you. We may use this data to create your account with the service provider when you sign up. This account data may be updated each time you complete a document through our software. We do not process your account data in any other way, or have access to it in any way.

The legal basis for this processing is our legitimate interests in providing our services to our clients, and ensuring that your account is updated each time that you complete a document through our software.

1.3. Waiver data. If you are using our software in order to sign documents such as a waiver, health form, contract, or questionnaire, we may process information that you put into such documents (“waiver data”). This waiver data may include your name, signature, date of birth, email address, information about your health and medical history, and any other information that you are required or requested to put into the document.

Once you have completed the document, we will process it, convert the document into a different format, and send it to your account with the service provider in order for it to be stored. We will never store your data permanently on our systems (although it may be stored in your account with your service provider).

The purpose for our processing your data in this way is to maintain and administer a complete and accurate record of the documents that you have signed and completed for your service provider. The legal basis for our processing your waiver data (to the extent that such waiver data does not class as a special category of personal data), will be our legitimate interests in providing our services to our clients who have asked you to complete the document in question, in order to ensure that a complete and accurate record of your signing and completing the documents is maintained and administered.

1.4. Sensitive Personal Data. During the course of using our software and services and providing us with information in order for us to provide our services to you, you may provide us with sensitive information about yourself (“sensitive data”). This sensitive data may include your health and medical history. We may use this data for providing our services to you. However, we will only process this sensitive data if you consent to us doing so.

[The consent to use this information needs to be provided by the parent for children under the age of 13. Anyone over the age of 13 can provide consent for use of their data under GDPR]

We comply with the requirements of the Children’s Online Privacy Protection Act. You must be at least 18 years old to have our permission to use the WaiverKing website. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to this privacy policy.

Other processing that we may carry out

1.5. Website data. We may process data about your use of our website and services ("website data"). The website data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the website data is our analytics tracking system. This website data may be processed for the purposes of analyzing the use of the website and services.

The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

We may also process this data for the purposes of diagnosing any issues we detect in relation to the use of our products or services. This data may be collected by our error-tracking software which is provided by Rollbar. We always try to ensure that any such data is anonymized so that you cannot be identified before it is stored in our records.

The legal basis for this processing is our legitimate interests in monitoring and improving our products and services.

1.6. Enquiry data. We may process information contained in any enquiry you submit to us regarding our products or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you.

The legal basis for this processing is our legitimate interests, namely dealing with and responding to your enquiry appropriately.

1.7. Notification data. We may process information that you provide to us for the purpose of subscribing to our blog and press releases ("notification data"). The notification data may be processed for the purposes of sending you newsletters.

Where you are a corporate customer, the legal basis for this processing is our legitimate interests, namely the marketing of relevant products and services to you.

1.8. Correspondence data. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

1.9. Payment data. We do not process payment information relating to goods and services that you purchase from the service provider. However, we do capture certain data relating to your payments and use them to update your account with the service provider ("payment data"). The payment data may include your contact details, your card details and the transaction details. The payment data may be processed for the purposes of updating your account with the service provider. The legal basis for this processing is our legitimate interests, namely our interest in the proper administration of our software and ensuring your account with the service provider is updated.

1.10. Other processing activities. In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2. Providing your personal data to others

2.1. To our clients and partner service providers. The only third parties that we will disclose your personal data to are our clients (your service provider) who is the data controller in respect to the account data, waiver data, and payment data that we collect about you, and MINDBODY Inc. (“MINDBODY”), who provide software services to service providers in conjunction with the WaiverKing software. Your accounts are created by WaiverKing in the MINDBODY software on behalf of our clients.

2.2. Our insurers/professional advisers. We may disclose your personal data to our insurers, legal counsel, and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.

2.3. Where we provide your personal data to any third party. Where we share your personal data with any of the third parties referred to above, we will ensure this processing is protected by appropriate safeguards including a suitable data processing agreement with that third party.

2.4. To comply with legal obligations. In addition to the specific disclosures of personal data detailed above, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation we have to comply with, or in order to protect your vital interests or the vital interests of another individual. This may include disclosing your personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

2.5. We take reasonable and appropriate steps to ensure that third-party agents and service providers process your personal data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances and pursuant to applicable laws, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of your personal data that we transfer to them.

3. Transfers of your personal data outside of the European Economic Area

As further detailed below, we may transfer your personal data to our servers based in the US, as we are part of the Privacy Shield. Otherwise, where your personal data is transferred outside of the EEA, we will ensure that either (a) The European Commission has made an "adequacy decision" with respect to the data protection laws of the country to which it is transferred, or (b) we have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data. In all cases, transfers outside of the EEA will be protected by appropriate safeguards.

4. Retaining and deleting personal data

4.1. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Details about members of our clients (your service provider) and end users of our services, including the account data, waiver data and sensitive personal data, will not be stored by WaiverKing.

4.2. Unless we contact you and obtain your consent for us to retain your personal data for a longer period, we will retain and delete your personal data as follows:

a) Website data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

b) Enquiry data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

c) Notification data (other than Notification data that is also Contact data) will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

d) Correspondence data will be retained for 12 months following the date of our last contact or dealing with you, at the end of which period it will be deleted from our systems.

4.3. We may retain your personal data where such retention is advisory and/or necessary for compliance with a legal obligation to which we are subject (such as with regard to applicable statutes of limitations, litigation or regulatory investigations), or in order to protect your vital interests or the vital interests of another natural person.

5. Your rights

5.1. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

a) your request not being found to be unfounded or excessive, in which case a charge may apply; and

b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a notarized photocopy of your driver’s license and/or passport and an original copy of a utility bill showing your current address).

5.2. We may withhold personal information that you request to the extent permitted by law.

5.3. You may instruct us at any time not to process your personal information for marketing purposes.

5.4. In practice, you will usually expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

5.5. Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies.

5.6. Your right to correct. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies corrected. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed.

5.7. Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: (1) it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; (2) you withdraw your consent to any processing which requires consent; (3) the processing is for direct marketing purposes; and/or (4) the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure, including where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for establishing, exercising or defending legal claims.

5.8. Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. These circumstances include the following: (1) you do not think that the personal data we hold about you is accurate; (2) your data is being processed unlawfully, but you do not want your data to be erased; (3) it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and/or (4)you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

5.9. Your right to object to processing. You can object to us processing your personal data where our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim.

5.10. Your right to object to direct marketing. You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose.

5.11. Your right to data portability. Where you have given us consent to process your personal data, or where we are processing your personal data for the performance of a contract, you have a legal right to receive a copy of the personal data we hold about you in a structured, commonly used and computer readable format. When a data request is made of us we will make available all applicable personal data to you in a computer readable format and will transmit your personal data to the appropriate third party pursuant to your instruction. We will not process your data in this way if we believe that it may pose a threat to the security of the data.

5.12. Your right to object for statistical purposes. You can object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest.

5.13. Automated data processing. To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and computer-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others.

5.14. Complaints to a supervisory authority pursuant to the GDPR. If you think that our processing of your personal data infringes data protection laws, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. This provision is only applicable if you are subject to the protections of the GDPR.

5.15. Complaints if you are not subject to the protections of the GDPR. If you think that our processing of your personal data infringes data protection laws you may contact us via email at privacy@waiverking.com or mail at: WaiverKing, Inc. 340 S Lemon Ave # 2018 Walnut, California 91789.

5.16. Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

5.17. Exercising your rights. You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified above.

5.18. Point of Contact Data. PARAGRAPHS 5.1 – 5.17 SHALL NOT APPLY TO ACCOUNT DATA, WAIVER DATA, OR PAYMENT DATA OBTAINED OR PROCESSED BY WAIVERKING. IN RESPECT OF SUCH DATA:

a) WAIVERKING IS ACTING AS A PROCESSOR OF THAT DATA AND THE MAIN CONTRACTOR IS THE CONTROLLER;

b) YOU SHOULD CONTACT THE SERVICE PROVIDER TO EXERCISE THE RIGHTS SET OUT IN THIS PARAGRAPH 5

6. Links To Other Websites. Except as otherwise discussed in this privacy policy, this document only addresses the use and disclosure of information we collect from you. Other websites accessible through our website have their own privacy policies and data collection, use, and disclosure practices. Please consult each website’s privacy policy. We are not responsible for the policies or practices of third parties, including any third-party site or other products and services used in connection with WaiverKing’s services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as, Apple, Google, Microsoft, or any other operating system provider, wireless service provider or device manufacturer, including any personal data you disclose to other organizations through or in connection with WaiverKing’s services.

7. Security of Your Information. The security of personal data is a high priority at WaiverKing. We seek to use reasonable technical, administrative and physical safeguards to protect personal data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

8. IP Addresses and Cookies. Cookies are very small text files that are stored on your computer when you visit some websites.

We use cookies to help identify your computer, including where available, your IP address, operating system and browser type, for system administration so we can keep your activity secure, tailor your user experience and remember your preferences. This is statistical data and does not identify any individual. You are always free to decline our cookies if your browser permits, but some parts of our website may not work properly.

9. Your California Privacy Rights: Notice to California Customers and Opt-Out Information. Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personal data, as defined under California law, during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, you must supply appropriate evidence of your identity and attest to the fact that you are a California resident and provide a current California address for our response. You may request the information by writing to privacy@waiverking.com

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. California residents are entitled to know how WaiverKing, Inc. responds to “Do Not Track” signals. How browsers communicate the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed by the appropriate technology communities. For this reason, we do not respond to Do Not Track signals currently. To opt out of direct advertising on our website, please send a request to the address above. The effect of an opt-out will be to stop direct advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics, and internal online services operation purposes).

10. Privacy Shield Framework

10.1. WaiverKing Inc. complies with the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. WaiverKing has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

10.2. In compliance with the Privacy Shield Principles, WaiverKing commits to resolve complaints about our collection or use of your personal information. Any individual(s) with inquiries or complaints regarding our Privacy Shield policy should contact us at: privacy@waiverking.com

10.3. WaiverKing Inc. has further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services (JAMS), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain situations, you may also have the right to pursue binding arbitration under the Privacy Shield Framework.

10.4. You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (1) raised your complaint directly with WaiverKing Inc. and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see U.S. Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).

10.5. For purposes of enforcing compliance with the Privacy Shield, WaiverKing is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission.

10.6. WaiverKing Inc. is controlled and operated by us from the United States. Except where you are a resident of a Member State of the EU, in which case paragraphs 2 and 3 above will apply, your personal data may be stored and processed in any country in which we engage service providers, and by using WaiverKing’s services you understand that your information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal data. Regardless of where your information is processed, we apply the same protections described in this policy.

11. Changes to the privacy policy. We reserve the right to change this policy at any time, without prior notice to you. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address provided by you or posting the revised policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address and/or review the WaiverKing website and this policy periodically, and be aware of any modifications. Your continued use of the WaiverKing website after such modifications will constitute your: (a) acknowledgment of the modified policy; and (b) agreement to abide and be bound by the modified policy.

12. Our details

12.1. This website and software is owned and operated by WaiverKing Inc.

12.2. We are registered in the state of California under registration number C3518177, and our registered office is at 340 S Lemon Avenue, # 2018 Walnut, California 91789.

12.3. You can contact us:

a) by mail, using the postal address given above;

b) using our website contact form;

c) by telephone, on the contact number published on our website from time to time; or

d) by email, using the email address published on our website from time to time.

13. Data protection officer

Our data protection officer may be contacted via email: privacy@waiverking.com, or telephone: +1 (888) 211-6693.

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