By completing any transaction with HYVE or using a HYVE service in any format, you are agreeing to abide by the Terms & Conditions. In addition to this, you are also agreeing to our other policies that reside in the Terms & Condition but also form their own entity.
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and J LOAD INC LIMITED, trading as HYVE (“HYVE”, “we”, “us” or “our”). These Terms govern your access to the use of the HYVE gyms and HYVE private studios, the (“Network”), the HYVE Website and any other websites through which HYVE makes the Network available, the (“Website”) and our Mobile Application, other smart device applications and application program interfaces, the (“APIs”) through which HYVE makes the Network available, the (“Mobile Application”). The Website, the Mobile Application and Network are collectively referred to as (“HYVE”).
HYVE is a trading name of J LOAD INC LIMITED company registered in England and Wales. Our company registration number is 12332350. If you have any questions or if you have any complaints after reading these Terms, please contact us. You can contact us on hi@trainhyve.com. If we take no action on any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the Terms again strictly at a future date. We may assign the benefit of these Terms and our rights thereunder to a third-party on notice to you. Your rights under these Terms will not be prejudiced. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any event that is outside of our reasonable control. We will not be liable or responsible for outstanding money paid to a Personal Trainer. HYVE does not arrange or interfere with the relationship between the Personal Trainer and Client. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. We may terminate this agreement with immediate effect on notifying you if you are in breach of this or any other of the policies that reside below. HYVE reserves the right to change or modify any of these Terms without notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting of the changes. Your continued use of HYVE following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using HYVE. You are responsible for regularly reviewing the most current Terms as well as all other policies that reside in the below.
You must be 16 years old or over and able to enter legally binding contracts to access and use HYVE or register for a HYVE Account. HYVE (which constitutes the Website, Mobile Application and Network) are not available to persons under the age of 16. By using the Website, Mobile Application or Network, you represent and warrant that you are 16 years old or over and have the legal capacity and authority to enter a contract. Furthermore, you will not allow the access of anybody under 16 years old into HYVE without prior approval from HYVE. Please email hi@trainhyve.com for approval. Your participation in using HYVE is for your sole, personal use and not for commercial purposes. You may not authorise others to use your username and/or password in any entity. When using HYVE, you agree to comply with all applicable laws of the country, state, province or city in which you are present whilst using HYVE. As described in the Privacy Policy which can be found in the headline of these Terms, HYVE uses a third-party payment processor (“Stripe”) to link your credit card Account to the Website and the Mobile Application. The processing of your payments or Credits for the Website, Mobile Application or Network will be subject to the Terms & Conditions and Privacy Policy of Stripe along with the issuing bank in addition to these Terms. HYVE is not responsible for any errors made by Stripe or your issuing bank. By using HYVE, you agree to be bound by and comply with any additional Term & Conditions and other residing policies provided by the Landlord and/or the Managing Agent (“Property Managers”) of the Network including compliance with building security procedures, IT access and procedures provided by the Property Managers which may be provided in electronic format through the Website, Mobile Application or in hardcopy in the Network. Some components of HYVE implement APIs such as Google Maps. Your use of Google Maps is subject to the Google Maps Terms & Conditions and if you visit the Website or download the Mobile Application from the Apple App Store, you are also agreeing to Apple’s Terms & Conditions. You can find both sets of Terms & Conditions of each respective Website.
If you are a personal trainer using HYVE, you must have a valid Professional Liability Insurance Policy with a minimum general liability coverage of £2,000,000 in order to sign up for a personal trainer Account and to use the Network. This insurance policy must be in force at the time to register for an Account and must be kept in force during your use of HYVE. We reserve the right to request a copy of an insurance policy and any other information we may require.
To be able to use the Mobile/Website Application or the Network you need to sign up for an Account with HYVE which you can do through the Web Application. When signing up, you will be asked to provide HYVE with your personal information and credit card information which will be held and processed by our third-party payment processor, Stripe, as set out above and in our Privacy Policy. Once you complete your sign-up with HYVE, you will be provided with a personal account (“Account”). You agree to complete and maintain accurate and up-to-date information in your Account. Your failure to complete and maintain accurate and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Website, Mobile Application or Network. HYVE reserves the right to suspend or terminate your Account and refuse all current or future uses of HYVE if HYVE has reasonable grounds to suspect that such information is inaccurate, outdated or untrue. You may not use HYVE for any illegal purpose or in any manner inconsistent with these Terms. You are responsible for all activity that occurs with respect to your Account including, but not limited to, use of the Website, Mobile Application and Network. Without limiting the foregoing, for any reservation made through the Account, if other persons are present in the Network, you hereby agree to be fully responsible and to indemnify HYVE for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons
Please read the below carefully.
By completing any transaction with HYVE or using a HYVE service in any format, you are agreeing to abide by the House Rules. We ask you to make sure you are comfortable that you can comply with the House Rules before continuing. This is not an exhaustive list and HYVE has the right to use its sole discretion to add or alter at any time to prevent a breach of our Terms & Conditions.
Any PIN number / Access Device assigned to you can only be used by you and your PIN number / Access Device is issued solely for your use, as your Account is personal to you and only covers your use of a HYVE facility. You are responsible for keeping your PIN number / Access Device secure and confidential at all times. The PIN number / Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).
Use of any issued PIN numbers is monitored in the interests of the safety and security of all our users, use of PIN numbers and access is monitored and individuals using PIN numbers / Access Devices may be asked to provide proof of identification.
Should we believe that your PIN number / Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your PIN number / Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in the below.
If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your PIN number / Access Device was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have: (a) to apply a penalty charge to your card on file. The penalty charge will be calculated as being equal to the daily charge (that applied at the time of use) for each occasion on which your PIN number was used by that individual/those individuals; and/or (b) in the event of serious misuse of your PIN number, for example, your PIN number has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your Account with immediate effect, and no refunds will be given.
If we have reasonable grounds for believing that you knowingly provided your PIN number / Access Device to another individual or individuals, or allowed unauthorised entry following your entry to the HYVE facility (known as tailgating) in addition to our rights referred to above, we may hold you responsible for the conduct of the individual(s) while on our premises, and liable for any loss we suffer as a consequence of that conduct.
(“Access Device”) is the device, key-fob, or any other relevant security hardware or software device with built-in authentication equipment, issued or otherwise provided to you by us to enable you to securely access the relevant HYVE facility in accordance with the Terms of your Account. Only one device can be registered to an Account at any time, if you lose or misplace the device you need to contact hi@trainhyve.com to remove the device immediately.
As a user of HYVE, you are responsible for leaving the Network, any property and surrounding area in the same or better condition than when you arrived. You are responsible for your actions and omissions and are also responsible for the acts and omissions of any individuals whom you invite and/or provide access to. Further to this, you are responsible for the cost of any damage repairs or necessary cleaning of the Network resulting from your violation of this agreement or your use of the Network in excess of normal “wear and tear”. If HYVE, in its reasonable discretion, determines that excessive repair or cleaning is required, HYVE reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning as well as an additional service fee which shall not exceed £500 per occurrence. Any such amounts are non-refundable and at the reasonable discretion of HYVE.
Any fees which HYVE may charge you for the use of the Website, Mobile Application or Network will be as set out in the Website and/or Mobile application at the time of the purchase. These fees are inclusive of any taxes payable e.g. VAT. HYVE offers no Cash Refund Policy, instead we work in line with our Cancellation Policy which can be found in the headline of these Terms and below Clause 9. This no Refund Policy shall always apply regardless of your decision to terminate your usage. HYVE reserves the right to determine final prevailing pricing. You do hereby agree that you shall be charged fees based on the length of time of your booking of the HYVE, regardless if you only make use of the HYVE for less than your booked time. If you exceed the amount of time for which you booked a HYVE, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another users booked time. You do hereby consent to such excess time charges and to such overage charge. HYVE may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. HYVE may change the fees for the Website, Mobile Application or Network at our sole discretion. We encourage you to check back at our Website and/or Mobile Application periodically to find out about how we charge for the Website, Mobile Application and Network. You can find out more information below Clause 21. If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights from accessing the Network. If a payment is declined, refunded, cancelled or charged back by your issuing bank, or another person, you are not entitled to the return of any associated service fees, such as payment processing fees, irrespective of the reason for such decline, refund, cancellation or charge back. HYVE reserves the right with sole discretion to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or any other reason without limit. If you access the Website via your mobile e.g. through the Mobile Application, please be aware that your carrier’s normal rates will still apply.
All cancellations must take place on the HYVE Website Application. You can cancel your session via the ‘MY ACCOUNT section in the menu, subject to the below policy. Due to the nature of our business model, we require a cancellation procedure to be in place to maintain a fair system and prevent empty bookings due to late cancellations. Dependent on what method you use to book your session will depend on the Cancellation Policy that is applied. Upon cancellation, any remaining credits in the account will be forfeited and removed effective immediately on the cancellation date.
Classes must be cancelled at least 6 hours prior to the scheduled start time. Failure to cancel within this timeframe, or failure to attend without notice, may result in a temporary suspension of booking privileges for future classes.
Memberships may be paused for a maximum period of one month. For any pause period exceeding one month, the membership must be canceled and may be reactivated when you are ready to rejoin.
If you’ve paid using Credits, you will have 48 hours before your session to cancel. Your Credits will be returned immediately to your Account if these Terms are satisfied. If these Terms are not satisfied, Credits will be taken, and no refund will be given.
If you’ve paid using pay-as-you-go, you will have 48 hours before your session to cancel. We will not charge your card if these Terms are satisfied. If these Terms are not satisfied, payment will be taken, and no refund will be given.
We may cancel your session subject to a force majeure or similar making it impossible or significantly impede us to carry out the service. We will always endeavour to let you know as early as possible via email and process any cancellation refunds as necessary.
Subject to your compliance with these Terms, HYVE grants you a limited, non-exclusive, non-transferable and revocable license to use HYVE. Should you choose to download content from HYVE, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and always remains the property of HYVE. You will not use, copy, adapt, decompile, modify, reverse engineer, prepare, derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Mobile Application, Network or any content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HYVE or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by HYVE.
HYVE may, in its sole discretion, permit users of the Network to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit including documents, text, graphics, video, messages, forum postings, your profile information, comments, questions, other materials (“User Content”). By making available any User Content on or through the Website, Mobile Application and/or Network, you hereby grant to HYVE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sublicensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transit, stream, broadcast and otherwise exploit such User Content including but without limitation through or by means of the Website, Mobile Application and/or Network. In connection, you hereby renounce and waive in favour of HYVE any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you have may to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us the right over your User Content and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from the same. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website, Mobile Application and/or Network. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Website, Mobile Application and/or Network or you have all rights, licenses, consents and releases that are necessary to grant to HYVE the rights in such User Content, as contemplated under this agreement and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HYVE’s use of the User Content or any portion therefore will infringe, misappropriate or violate a third-party patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
References in these conditions to Intellectual Property rights, the (“IP”) means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and in each case, whether registered or not, including any applications to protect or register such rights, including all renewals and extensions of such rights or application, whether vested, contingent or future and wherever in the world they exist. Unless specifically indicated otherwise, the Website, Mobile Application and/or Network together with all IP rights are owned by HYVE, our licensors or both (as applicable). Such IP rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such IP rights in connection with these conditions. This means that we and they remain owners of them and free to use them as we and they see fit. The Website, Mobile Application and/or Network are for intended uses only and nothing in these conditions grant you any legal rights to access or use the Website, Mobile Application and/or Network for any other purposes. You may not use the Website, Mobile Application and/or Network for any further or additional uses and in particular may not reproduce or otherwise make available the same in whole or in part, without the prior written consent of HYVE or our licensors, if applicable. In addition, none of the content or design on the Website, Mobile Application and Network may be copied, altered in any way or transmitted or distributed to any other party without our prior express written permission. You retain ownership of any information or data you provide to or through the Site (“User Data”). Subject to foregoing, by using the Website, Mobile Application and/or Network, you are granting HYVE a non-exclusive, perpetual, irrevocable, royalty free, transferable license to copy, reproduce, remove, process, adapt, transmit, save, host, display and otherwise use your User Data in accordance with our Privacy Policy which can be found in the headline of these Terms and in Clause 26. We reserve the right to remove any User Data that in our sole discretion deem inappropriate, abusive, unlawful or otherwise contrary to, or in breach of, these Terms or the proper use of the Website, Mobile Application and/or Network (“Infringing User Data”). HYVE shall not be responsible or liable to any third-party in respect of any Infringing User Data.
Subject to your compliance with these Terms, HYVE grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Mobile Application on your personal device solely in connection with your use of HYVE; and (ii) access and use any content, information and related materials that may be made available through HYVE, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by HYVE and HYVE’s licensors.
You agree that HYVE may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with an Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing anything from the Website, Mobile Application or Network. You also understand that you may opt out of receiving text messages from HYVE at any time. If you do not choose to opt out, HYVE may contact you as outlined in our Privacy Policy which can be found in the headline of these Terms and in Clause 26.
During use of the Website, Mobile Application and Network, you may enter into correspondence with, purchase good and/or services from, or participate in promotions of third-party service providers, advertisers, sponsors or affiliates showing their goods and/or services through the Website, Mobile Application or Network. Any such activity and any Terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third-party. HYVE and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third-party. HYVE does not endorse any sites on the internet that are linked through the Website, Mobile Application or Network and in no event shall HYVE or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. HYVE provides the Website, Mobile Application and Network to you pursuant to the Terms of this agreement. You recognise that certain third-party providers of goods and/or services may require your agreement to additional or different Terms prior to your use of or access to such goods or services and HYVE disclaims any and all responsibility or liability arising from such agreements between you and third-party providers.
HYVE may rely on third-party advertising and marketing supplied through the Website, Mobile Application and Network and any other mechanisms to subsidise the Website, Mobile Application or Network. By agreeing to these Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us at hi@trainhyve.com. HYVE reserves the right to charge you a higher fee for the Website, Mobile Application and Network should you choose not to receive this advertising services. HYVE may compile, release and disclose non-identifiable information regarding you and your use of the Website, Mobile Application and Network as part of a customer profile or similar report or analysis including but without limitation to third-party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through HYVE.
You agree to release, defend, indemnify and hold harmless HYVE, our Landlords and/or our Managing Agents and their respectable officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees arising out of your use and access to the Website, Mobile Application and Network, your violation of any term of these Terms, your violation of any law or the rights of a third-party including without limitation, any copyright, property or privacy right, or any claim that any content you submitted caused damage to a third-party. You agree to notify HYVE and in writing at hi@trainhyve.com of such claim. If a claim subject to IP infringement indemnification is made, HYVE shall have the right to obtain for you the right to continue using HYVE or replace and/or modify HYVE so that it becomes non-infringing and still provide substantially the same functionality for the user. The indemnification obligated will survive the terminate of these Terms and your use of the Website, Mobile Application and Network.
HYVE provides the Website, Mobile Application and Network along with its content, materials, information, software and products included therein including separate services performed by third parties under control for use on an “as if”, “where is” and “as available” basis. To the maximum extent permitted by law, HYVE disclaims all representations and warranties whether express or implied with respect to HYVE including without limitation; any warranties or merchantability and fitness for a particular purpose, features, quality, non-infringement, title, performance, compatibility, security or accuracy and that the quality of the HYVE as well as any products, service, information or other material purchased or obtained by you through the Website, Mobile Application or Network will meet your requirements or expectations. You acknowledge and agree that the entire risk arising out of your use of HYVE and/or third-party services or products remains solely with you to the maximum extent permitted by law. You hereby acknowledge and agree that; the locking mechanism used on the HYVE is provided by a third-party and HYVE, the Landlord and/or the Managing Agent have no liability whatsoever with respect to any failure of the locking system to work in its intended manner including without limitation any loss or theft of your property as the Network is located in buildings which are not owned, managed or manned by HYVE and HYVE makes no representations or warranties relating thereto. Additionally, HYVE, the Landlord and/or the Managing Agent make no representation or warranty with respect to the suitability of the Network for any particular activity and shall not be liable in anyway for such activities. HYVE, the Landlord and/or the Managing Agent does not warrant that the HYVE will operate in an uninterrupted or error-free manner or that the HYVE will always be available or free from all harmful components or that it is safe, secured from unauthorised access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from HYVE or its providers.
I declare that I intend to use some or all of the activities, facilities and services offered by HYVE and I understand that each person (including myself), has different skill levels for participating in such activity. I assume full responsibility during and after my participation at HYVE and for my choices to use or apply, at my own risk, any portion of the equipment, facilities, information or instruction available. I understand that part of the risk involved in undertaking exercise is relative to my own state of fitness or health (physical and emotionally) and the awareness, care and skill in which I conduct myself in any usage of HYVE. I agree that to the best of my knowledge and belief I am in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to my health, safety, comfort, wellbeing or physical condition. In addition, I understand that I should immediately withdraw from, reduce or modify my involvement in any of the activities and I should do so on recognition of any signs of physical discomfort which may include: lightheadedness, fainting, chest discomfort, leg cramps, nausea, etc. I further understand that there are possible risks involved in participating in exercise and HYVE will accept no responsibility for my actions, injuries or health during my use of HYVE. If you start to feel unwell or a life threatening emergency occurs in a HYVE, you should immediately call the Emergency Services by dialling 999 (or the relevant country code) on your phone.
HYVE, it’s Officers, Directors, Shareholders, Employees, Suppliers, Sub-Contractors, Agents, Landlords and Managing Agents will not be liable for any direct, indirect, incidental, consequential or any other damage or loss including loss of profit and loss of data, costs, expenses and payments, arising from or in connection with the use or inability to use the services of HYVE. This includes any fault or error made by our employees or anyone acting on our behalf or from your reliance on the content of the services or from any denial or cancellation of your Account or from the retention, deletion, disclose and any other use or loss of your content on the services. In no event shall HYVE, its licensors’ or any Landlord or Managing Agent aggregate liability arising out of or relating to this agreement of your use of or inability to use the Website, Mobile Application or Network. You understand and agree that you obtain or otherwise download content, material or data through or for the use of HYVE at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. In addition, HYVE does not represent or warrant that the information accessible via the Website, Mobile Application or Network is accurate, complete or up to date. Responsibility for the decisions you make regarding HYVE offered via the Website, Mobile Application or Network with all its implications rest solely with you. HYVE will not assess the suitability, legality or ability of any such building owners or other third parties and you expressly waive and release HYVE and building owners, to the maximum extent, allowable under applicable law, from any and all liability, claims, causes of action or damages arising from your use of the Website, Mobile Application or Network and/or in any way related to the third parties introduced to you by HYVE. The quality of the building in which HYVE are located are entirely the responsibility of the Landlord and/or Managing Agent. You understand that by using HYVE you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable and that you use HYVE at your own risk. To the extend applicable under local law, nothing in this agreement shall limit the liability for death or personal injury caused by negligence from HYVE or for fraud or fraudulent misrepresentation.
You may be required to rate certain aspects of your overall experience with HYVE as well as certain aspects e.g. other users. This rating will be prompted through the Website and/or Mobile Application. If you do not participate when requested, HYVE reserves the right (without limiting any of HYVE’s other rights hereunder) to restrict your access to HYVE. Additionally, if HYVE or if other users, rate your usage of HYVE as being below a threshold acceptable to HYVE, then we may in our sole discretion, and without limiting any of HYVE’s other rights hereunder, restrict your access to HYVE.
HYVE reserves the right to end any promotion without warning at any time. Any prizes offered by HYVE must be claimed within 21 days of announcement of the winners. HYVE have 45 days to issue any prize. All HYVE challenges are subject to fair play. HYVE reserve the right to redeem any prize in the form of a voucher or pre-purchased credit.
HYVE may send you notices by means of email to your email address on record in your Account. You may give notice, and address any complaint or claim to HYVE (such notice, complaint or claim shall be deemed given when received by HYVE) at any time by means of email to hi@trainhyve.com.
These conditions, their subject matter and formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusion jurisdiction. However, if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.
You agree that HYVE, in its sole discretion and for any or no reason, may terminate any Account (or any part thereof) you may have with HYVE or your use of HYVE, and remove and discard all or any part of your Account or any of your User Content, at any time. HYVE may also in its sole discretion and at any time discontinue providing access to the Website, Mobile Application and Network or any part thereof, with or without notice. You agree that any termination of your access to the Website, Mobile Application or Network or any Account you may have or portion thereof may be effected without prior notice, and you agree that HYVE shall not be liable to you. These remedies are in addition to any other remedies HYVE may have at law or in equity. You may terminate your Account at any time by ceasing all use of the Website, deleting the Mobile Application from your device and no longer partaking in any sessions in the Network. Furthermore, you may request HYVE to cancel your Account via email sent to hi@trainhyve.com.
At HYVE (“HYVE”, “we”, “us” or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the law and guidelines of the EU General Data Protection Regulation (“GDPR”). This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, how the law protects you, and inform our employees and staff members of all their obligations and protocols when processing data. The individuals from which we may gather and use data can include: • Customers • Suppliers • Business contacts • Suppliers • Business contacts • Customers • Third parties connected to customers and any other people that the organisation has a relationship with or may need to contact. This Privacy Policy applies to all our employees and staff members and all Personal Data processed at any time by us. 1.2 Who is your Data Controller HYVE is your Data Controller and responsible for your Personal Data. We are not obliged by the GDPR to appoint a Data Protection Officer and have not voluntarily appointed one at this time. Therefore, any enquiries about your data should be sent to us on email at hi@trainhyve.com. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK’s supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
2.1 When you use the Website and/or Mobile Application we may collect the following information about you:
2.2 Personal information including first and last name, date of birth and photograph;
2.3 Contact information including residential address, geographic location, primary email address and/or primary phone number;
2.4 If you sign up to the Website and/or Mobile Application through a third-party service such as Facebook or Google, we may extract information from your Account e.g. name, email address, photograph and any other personal information that your privacy settings permit us to access;
2.5 Information about your contacts when you invite others to join your workout session or as apart of any promotional activities we run;
2.6 Technical information including IP address, operating system, browser type and related information regarding the device you used to visit the site, the length of your visit and your interactions with the site;
2.7 Information relevant to service, customer surveys and/or offers;
2.8 We may monitor your use of the Website and Mobile Application through ‘cookies’ or similar tracking technologies (Facebook Pixel and Google Analytics). We may also monitor traffic, location or other data and information about users of the Website and Mobile Application. Such data and information, to the extent that you are individually identifiable from it, shall constitute information as defined above. However, some of this data will be aggregated or statistical, which means that we will not be able to identify you individually;
2.9 Occasionally we may receive information about you from other sources e.g. from other users on the Website and/or Mobile Application who provide feedback ratings or other details. We will add this information to the data we already have collected to help us carry out activities listed.
3.1 We will keep your information only for as long as we need to hold it for the purposes set out below in Clause 6.
3.2 If required, we will be entitled to hold information for longer periods in order to comply with our legal or regulatory obligations.
4.1 Under Data Protection Law, we may only process your information if we have a “legal basis” e.g. a legally permitted reason for doing so. For the purposes of this policy, our legal basis for processing your information is:
4.1.1 Where we have requested it and made it known to you or asked for your consent set out in Clause 5;
4.1.2 Where the processing is necessary e.g. taking any preliminary steps that are required before you can enter a contract with us as set out in this policy and others);
4.1.3 Where there is legitimate business interest of providing services to our users through the Website and/or Mobile Application which requires the processing of your information to enable us to provide these services. Subject to your rights set out in Clause 14.
5.1 You will be required to give consent to certain processing activities before we can process your information. Where applicable, we will seek this consent from you when you first submit information through the Website and/or Mobile Application.
5.2 If you have previously given consent you may freely withdraw such consent at any point by emailing hi@trainhyve.com.
5.3 If you withdraw your consent and if we do not have another legal basis for processing your information as set out in Clause 4, then we will stop processing your information. If we do have another legal basis for processing your information, then we may continue to do so subject to your legal rights in Clause 14.
5.4 Please note that if we need to process your information in order to operate the Website or and/or Mobile Application, and you object or do not consent to us processing your information, the Website and/or the Mobile Application will not be available to you.
6.1 We may process information held about you for the following purposes:
6.1.1 To operate, administer, maintain, provide, analyse and improve the Website and/or Mobile Application along with the services available through them;
6.1.2 To investigate and address any comments, enquiries or complaints made by you regarding the Website and/or Mobile Application and any similar or related comments enquiries or complaints from other users;
6.1.3 To ensure the content on the Website and/or Mobile Application is presented in the most effective manner for you and for your device;
6.1.4 To conduct research, statistical analysis and behavioural analysis which includes anonymising data for these purposes;
6.1.5 To provide insights based on aggregated, anonymous data collected through the research and analysis referred to at 6.1.4 above;
6.1.6 To allow you to participate in interactive features of the Website and/or Mobile Application including inputting information and providing feedback;
6.1.7 To contact you for marketing purposes, where applicable subject to Clause 7;
6.1.8 To disclose your information to selected third parties as permitted by this policy subject to Clause 8;
6.1.9 To notify you about the changes to the Website and/or Mobile Application;
6.1.10 To comply with our legal obligations, including related to the protection of Personal Data.
7.1 If you have given us permission, we may contact you through electronic messaging services including but not limited to; email, SMS and similar (“Messaging Services”) about our products, services, promotions and special offers that may be of interest to you. We will inform you before collecting your data and always seek your permission if we intend to use your data for such purposes. If you prefer not to receive any direct marketing communication from us, or you no longer wish to receive them, you can withhold consent and/or opt out anytime using the methods outlined in 7.4.
7.2 If you have given us permission, we may contact you through these (“Messaging Services”) to provide information about products, services, promotions, special offers and other information we think may be of interest to you from carefully selected third parties. We will inform you before collecting your data if we intend to use your data for such purposes. If you would rather not receive such third-party marketing information from us, you can withhold consent and/or opt out at any time using methods outlined in 7.4.
7.3 If you have given us permission, we may share your personal data with carefully selected third party organisations and/or business partners so that they can contact you directly through (“Messaging Services”) about products, services, promotions and special offers that might be of interest to you. We will inform you before collecting your data and seek your permission if we intend to disclose your data to third parties for such purposes. If you would rather not receive direct marketing communications from our third-party organisation and/or business partners, you can withhold consent and/or opt out at any time using methods outlined in 7.4.
7.4 You have the right at anytime to ask us or any third-party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to hi@trainhyve.com or contact the relevant third-party using their contact details. Please ensure you provide the information of the (“Messaging Services”) you are receiving marketing on so you can be identified and removed. Alternatively, you can follow the change of preferences instructions in the footer of emails or other communications you receive from us or them.
8.1 We may disclose your information including Personal Data:
8.1.1 To other companies within our group of companies including subsidiaries of our ultimate holding company as defined in section 1159 of the UK Companies Act 2006;
8.1.2 To third-party organisations, business partners and/or service providers to enable them to undertake services for us and/or on our behalf. We will always ensure we have appropriate measures in place to protect your Personal Data;
8.1.3 If we are under a duty to disclose or share Personal Data in order to comply with any legal obligation including but not limited to any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity;
8.1.4 To other third parties if you have consented us to do so;
8.1.5 We may disclose aggregated, anonymous information which you cannot personally be identified by or insights based on such anonymous information to selected third parties including but not limited to analytics and search engine providers to assist us in the improvement and optimisation of the Website and/or Mobile Application;
8.1.6 If our whole business is sold or integrated with another business your information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
9.1 We will use technical and organisational measures in accordance with good industry practise to safeguard your information including the use of data encryption wherever possible.
9.2 While we will use all the reasonable efforts to safeguard your information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any information that is transferred from you or to you via the internet.
10.1 We may monitor and record communications with you such as telephone conversation and emails for the purposes of provision of services, quality assurance, training, fraud prevention and compliance purposes. Any information that we receive through such monitoring and communications will be added to the information we already hold about you and may also be used for the purposes listed in Clause 6.
11.1 Every so often we may need to transfer your information to countries outside the European Economic Area, which compromises the EU members plus Norway, Iceland and Liechtenstein (“EEA”). Non-EEA countries that we may need to transfer your information to include but not limited to the United States of America and India.
11.2 Such countries may not have similar protections in place regarding the protection and use of your data as those set out in this policy. Therefore, if we do transfer your information to countries outside the EEA, we will take reasonable steps in accordance with Data Protection Law to ensure adequate protections are in place to ensure the security of your information.
11.3 By submitting your information to us in accordance with this policy, you also consent to these transfers for the purposes specified inside this policy.
12.1 Payment details you provide will encrypted using secure sockets layer (SSL) technology before they are submitted over the internet. Payments made on the Website and/or Mobile Application are made through our payment gateway provider, Stripe. You will be providing debit or credit card information directly to Stripe which operates a secure server to process payment details, encrypting your information and authorising the payment. Information which you supply to Stripe is not within our control and is subject to Stripe’s own Privacy Policy and Terms.
13.1 As part of our service, we allow registered users to send invitations to individuals (“Invitees”) to invite them to participate in a session. Where you wish to send an invitation to a propose individual who is also a registered user on the Website and/or Mobile Application, we will process Personal Data that relates to that individual in accordance with this policy.
13.2 Where you wish to send an invitation to a proposed individual who is not a registered user of the Website and/or Mobile Application, we will not collect or request any information from you any information from which that individual can be personally identified. After sending an invitation link and if clicked, the individual will be redirected to the Mobile Application. We will seek consent from them to process their Personal Data in accordance with these Terms.
13.3 Subject to the above, if you otherwise give us Personal Data that relates to a third-party, you confirm that the third-party has appointed you to act on his/her/their behalf and has agreed that you can give consent on his/her/their behalf to the processing of his/her/their Personal Data, receive on his/her/their behalf any data protection notices and give consent to the transfer of his/her/their Personal Data abroad, where applicable.
14.1 You have the right to request information about the Personal Data that we may hold and/or process about you, including whether or not we are holding and/or processing your Personal Data, the extent of the Personal Data we are holding and the purposes and extent of the processing.
14.2 You have the right to request that any inaccurate information we hold about you to be updated and/or corrected. If you require any changes to your information or you become aware of any inaccuracies in such information, please let us know by forwarding your request to hi@trainhyve.com.
14.3 From 25th May 2018, you have the right in certain circumstances to request that we delete all Personal Data we hold about you. (“Right of Erasure”). Please note that this right is not available in all circumstances e.g. where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
14.4 From 25th May 2018, you have the right in certain circumstances to request that we restrict the processing of your Personal Data e.g. where the Personal Data is inaccurate or where you have objected to the processing. See Clause 14.6.
14.5 From 25th May 2018, you have the right in certain circumstances to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different Controller (“Right To Data Portability”). Please note this right is only available in some circumstances e.g. where the processing is carried out by automated means. If you requested the right and it is not available, we will let you know.
14.6 You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests. If, as a result of your circumstances, you do not have the right to object to such processing, we will let you know.
14.7 You have the right in certain circumstances not to be a subject to a decision based solely on automated processing e.g. where a computer algorithm, rather than a person, makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you, we will let you know.
14.8 You have the right to object to direct marketing. Please see Clause 7.4.
15.1 If you have any concerns about how we collect or process your information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner’s Office (“ICO”). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
16.1 Our software may issue (“Cookies”) which are small text files on your device. When you access and use the Website, you will be asked to consent to this the first time you visit our Website or each time after your cache has been cleared. Cookies do not affect your privacy or security as a Cookie cannot read data from your system or other Cookie files created by other websites.
16.2 Our Website uses Cookies and other tracking software to distinguish our users, collect standard internet log information and to collect visitor behaviour information. This information is used to track user interactions with the Website and allows us to provide you with a personalised and improved experience along with improving our site and build statistical reports. We may also use Cookies to allow us to effectively continue marketing to you after visiting our Website.
16.3 You can set your system not to accept cookies, if you wish. You can do this by changing your browser settings so that cookies are not accepted. However, please note, that some of our Website features may not function if you remove cookies from your system. For further general information about cookies, please visit https://www.aboutcookies.org or https://www.allaboutcookies.org.
17.1 We keep this policy under regular review and may change it. If we change the policy we will post the changes on this page and place notices on other pages of the Website and/or mobile application as applicable so that you can be aware of the information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version of this policy as it will apply each time you access the Website and/or mobile application.
17.2 This policy was last updated on 14th October 2021.
18.1 Our site may contain links to other websites. This policy only applies to our site. If you access links to other websites, any information you provide to them will be subject to the privacy policies of those other websites.
19.1 This policy aims to provide you with all the relevant details about how we process your information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty in reading or understanding this policy, or if you would like this policy in another format e.g. audio, large print or braille, please let us know.
20.1 We welcome your feedback and questions on this policy. If you wish to contact us as the Data Controller, please email us on hi@trainhyve.com.
21.1 This section sets out the appropriate actions and procedures which HYVE follows in respect of the use of CCTV (closed circuit television) surveillance systems (“CCTV Systems”) at our premises.
21.1.1 Sound recording is disabled on all cameras.
21.1.2 Please note that all our Network are monitored by CCTV 24 hours a day. HYVE reserves the right for its employees and contractors to review footage as required and by entering onto our sites you consent to your image being recorded and reviewed and waive any and all claims in relation to same. Recorded CCTV footage will be stored securely and retained in compliance with applicable laws.
21.2 In drawing up this policy, due Account has been taken of the following:
21.2.1 The Regulation and any other relevant Data Protection legislation;
21.2.2 The CCTV Code of Practice produced by the Information Commissioner (“Code of Practice”);
21.2.3 The Human Rights Act 1998.
21.3 This policy will cover all employees and persons providing a service to HYVE, visitors and all other persons whose image(s) may be captured by our CCTV Systems.
21.4 We will also ensure that the personal data captured by our CCTV Systems is only processed in accordance with the following requirements:
21.4.1 It will be processed fairly, lawfully and in a transparent manner;
21.4.2 It will only be collected for specified, explicit and legitimate purposes and not further processed in any manner incompatible with those purposes;
21.4.3 It will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
21.4.4 It will be accurate and, where necessary, kept up to date;
21.4.5 It will not be kept for longer than is necessary for the purposes for which the personal data are processed; 21.4.6 It will be processed in a manner that ensures appropriate security of the personal data.
21.5 The HYVE CCTV Officer has the legal responsibility for the day-to-day compliance with the requirements of this policy.
21.6 The purpose of the use of the CCTV Systems and the collection and processing of CCTV images is for the prevention or detection of crime or disorder, apprehension and prosecution of offenders (including use of images as evidence in criminal proceedings), interest of public and employee Health and Safety, protection of public health and the protection of our property and assets and to ensure compliance with our policies and procedures.
21.7 Prior to any camera installation the CCTV Officer will ensure that the installation complies with this policy and that the use of any camera is justified, necessary and proportionate. The CCTV Officer will regularly assess whether the use of any camera and the CCTV System as a whole continues to be justified, necessary and proportionate.
21.8 The location of the equipment is carefully considered because the way in which images are captured needs to comply with the Regulation.
21.9 All cameras are located in prominent positions within public and staff view and do not infringe on sensitive areas. All CCTV surveillance is automatically recorded, and any breach of this siting policy will be detected via controlled access to the CCTV System and auditing of the CCTV System.
21.10 The images produced by the equipment will as far as possible be of a quality that is effective for the purpose(s) for which they are intended. Upon installation, all equipment is tested to ensure that only the designated areas are monitored, and suitable quality pictures are available in live and play back mode. All CCTV equipment is maintained under contract.
21.11 Images which are not required for the purpose(s) for which the equipment is being used will not be retained for longer than is necessary. While images are retained, it is essential that their integrity be maintained, whether it is to ensure their evidential value or to protect the rights of people whose images may have been recorded. Access to and security of the images is controlled in accordance with the requirements of the Regulation.
21.12 All images are digitally recorded and stored securely within the system’s hard drives. Images are stored for a minimum of 14 days and typical for no more than 31 days.
21.13 Where the images are required for any other purpose, for example system testing, evidential purposes or disciplinary proceedings, a copy file will be moved to an access controlled confidential location and held until completion of the investigation. Viewing of images within the system is controlled by the CCTV Officer or a person nominated to act on their behalf. Only persons trained in the use of the equipment and authorised by the CCTV Officer can access data.
21.14 Access to, and disclosure of, the images recorded by our CCTV System and similar surveillance equipment is restricted and carefully controlled. This ensures that the rights of individuals are preserved, and the continuity of evidence remains intact should the images be required for evidential purposes e.g. a police enquiry or an investigation being undertaken as part of an internal procedure.
21.15 Access to the medium on which the images are displayed and recorded is restricted to the CCTV Officer, staff authorised by them and third parties as authorised from time to time for specific purposes. Access to and disclosure of images is permitted only if it supports the purpose for which such images were collected.
21.16 The Regulation gives any individual the right to request access to CCTV images which contain their personal data.
21.17 Individuals who request access to images must do so by contacting us on hi@trainhyve.com. Please send details of; who you are, the reason for request, your contact details, the location of CCTV, the time in question and any details that might be useful. Upon receipt of the request, the CCTV Officer, or another member of staff authorised by them, will determine whether disclosure is appropriate and whether there is a duty of care to protect the images of any third parties. If the duty of care cannot be discharged, then the request can be refused.
A written response will be made to the individual, giving the decision (and if the request has been refused, giving reasons) within 31 days of receipt of the request.