Terms and Conditions

Client Data and GDPR

Nomad Well-Being is a trading name of Body & Bike Ltd, company number 13672405, and is registered with the ICO, certificate number ZB513792 .

1. Types of information we hold about you
Personal data or information means any information about an individual from which that person can be identified.  

We hold many types of data about you, including: your personal details (your name, address, date of birth, email address, phone numbers, emergency contacts and their contact numbers additional information) data held as a personal training client (such as, but not limited to, Personal medical or health information, including past medical history, Physical activity past and present along with food likes/dislikes and diet plans/logs, Health data such as your BMI, blood pressure, mental wellbeing questions, height, weight, fat %, muscle %, body measurements.) 

2. Special categories of data
There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.  The only data we collect on this is in regards to Health.  We will use your special category data to ensure the care you receive at our facilities and during any 1-1, group Personal Training, Sports Massage, Nutirtion or Coaching Session is appropriate to your condition

We must process special categories of data in accordance with more stringent guidelines. We will process special categories of data when the following applies:

a) you have given explicit consent to the processing – by purchasing any of our available packages, so this data is vital to make the necessary improvements to your health.

b) we must process the data in order to carry out our legal obligations

c) we must process data for reasons of substantial public interest

d) we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

As with all cases of seeking consent from you, you will have full control over your decision to give or withhold consent.

Consent, once given, may be withdrawn at any time.

3. How we collect your data
We collect data about you in a variety of ways and this will usually start when you make an enquiry online, over the phone or in person and will continue when you attend your first and subsequent training sessions.

We may receive information about you from your GP or other health care provider regarding your referral or, with your permission, additional information that will help us continue with your training.

We may also hold the results of performance tests that you have undertaken that are relevant to compare with previous and future data to make the necessary improvements to your health. 

Personal data is kept in  Electronic notes: We use ‘Trainerize’ and ‘Nutrium’ to manage your personal data and these are GDPR compliant and data processor contracts are in place. Access to this system is by individualised password login only.  Access for this data is limited to Nomad Well-Being team All our computer systems are username and password protected. 

4. Why we process your data (How we will use information about you)
The law on data protection allows us to process your data for certain reasons only, these are classified as legitimate interests. Most commonly, we will use your personal information in the following circumstances:

a) in order for us to carry out our contract with you (your requesting service and our agreement to provide it constitutes a contract) which will include confirming appointments, informing you of changes to appointments or other arrangements, changes to facilities or services.

b) in order to provide you with the best possible treatment by recording health and treatment information which would be in your best interest.

c) in order to carry out legally required duties such as those required by us by our government appointed regulator·         where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests

 

d) where we need to protect your or someone else’s interests where it is needed in the public interest or for official purposes

Situations in which we will use your personal information
We need all the categories of information to primarily allow us to perform our contract of service with you and to enable us to comply with legal obligations. 

We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Your data will be shared with other team members of Nomad Well-Being but only where it is necessary for them to undertake their duties. 

We may share your data with third parties in order to facilitate a referral to another healthcare practitioner, investigation or to keep your GP informed about your progress with our service.  

Third parties that process data on our behalf include: Trainerize, PT Minder, Nutrium and membership system Mailchimp Newsletter (Access limited to name and email address only).

5. Transferring information outside the EU
We do not share your data with bodies outside of the European Economic Area. Data Security

6. How long we keep your data for
In line with data protection principles, we only keep your data for as long as we need it for, which will be at least for the duration of your being a client with us and we are legally required, by the Register of exercise professionals regulator, to keep this data for five years after your time as a client has ended.

To determine any appropriate retention period for personal data beyond five years we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements. 

Once we no longer have a lawful use for retaining your information, we will dispose of it in a secure manner that maintains data security. 

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. 

7. Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current.

Please keep us informed if your personal information changes during your time as a client with us.

8. Your rights in relation to your data

The law on data protection gives you certain rights in relation to the data we hold on you.

a) You have the right to access the data that we hold on you. To do so, you should make a subject access request by emailing info@nomadwell-being.com        

b) the right for any inaccuracies to be corrected. If any data that we hold about you is incomplete or inaccurate, you can require us to correct it.

c) the right to be informed. This means that we must tell you how we use your data, and this is the purpose of this privacy notice. We also must inform you of any changes to how we use your data.·        

d) the right to have information deleted. If you would like us to stop processing your data, you have the right to ask us to delete it from our systems where you believe there is no reason for us to continue processing it. However, if it falls under our legal obligation to keep your data securely for a longer period we will do so.

e) the right to restrict the processing of the data. For example, if you believe the data we hold is incorrect, we will stop processing the data (whilst still holding it) until we have ensured that the data is correct.

f) the right to portability. You may request transfer of the data that we hold on you for your own purposes.If you want to access your data, review, verify or correct your data, request we erase your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact info@nomadwell-being.com and this request will be reviewed and actioned.  

9. Fees
You will not have to pay a fee to access your personal information (or to exercise any of the other rights).

However, we may charge a reasonable fee for a second or subsequent copy of information, for a summarised version/report or if your request for access is clearly unfounded or excessive.

Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

10. Right to withdraw consent
Where you have provided consent to the collection, processing and transfer of your data, you have the right to withdraw that consent at any time.

11. Making a complaint
If you have any questions about this Privacy Notice or how we handle your information, please contact us by email info@nomadwell-being.com.

You have the right to make a complaint at any time to the supervisory authority in the UK for data protection matters, the Information Commissioner’s Office (ICO). 

Booking, Payment, Cancellation, Lateness - All Bookings

By booking and attending a treatment, it is taken as proof that you have read, understood and agree by the Terms and Conditions as described in the sections below.

1. Cancellations – At least 48 hours notice of cancellation is required for all appointments. Notice of less than 48 hours notice will incur full payment of the session fee. Emergency cancellations and extenuating circumstances will be assessed if they arise.

2. Lateness Policy – If the client is late for a session the session will not be extended and will end at the appointed time. If the trainer/therapist  is late, additional time will be added to the session or to subsequent sessions.

3. Fee Charging Policy – Payment for single sessions must be made at the time of booking, through the online portal. Block bookings must be paid for in advance BUT sessions do not have to be booked in advance. However, all sessions must be redeemed within stated time frame for package. All monies paid are non-refundable.

4. Your Data – All personal information will not be shared or sold and will be for the sole use of Nomad Well-Being. Data will be stored securely and all appropriate steps taken to reduce risk of theft.

Sports Massage Therapy
  1. You must understand that massage therapy is for the purpose of stress reduction, relief from muscular tension or spasm, or for increasing circulation.You must understand that the massage therapist does not diagnosis illness, disease or any other physical or mental disorder. The massage therapist does not prescribe medical treatment nor perform spinal manipulations. Understand that you hold all responsibility for the treatment you receive.

2. Any information or services available throughout or in connection with the website, or at any treatment given by Nomad Well-Being, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well for such treatment. It is not our responsibility to do this for you. Before commencing any treatment, you should consult your doctor first.

3. Inappropriate Behaviour

    • We have the right to terminate a treatment immediately if the client demonstrates inappropriate or sexual behaviour
    • Payment will be collected for the full treatment price, provided more than 10 minutes has been spent massaging the client
    • If the therapist is unable to collect money before leaving, an invoice will be sent to the client’s address
    • All invoices must be paid within 7 days of issue date

4. Suitability of sports massage treatment:
Sports Massage is for relief of aches and pains and muscular tension, it does not diagnose illness, injury or physical or mental disorder or prescribe medical treatment. It is not physiotherapy. I will always be honest and open with you if it is not appropriate for you to have a sports massage treatment with myself and will always try to refer to a suitable healthcare professional.

There are some potential contraindications to having a massage treatment, this will be discussed on your first appointment, or if this occurs later in a course of treatment, then it will be re-evaluated and you will be informed if it is no longer appropriate to continue with your treatment.

Massage treatments are NOT a substitute for medical examination or medical care. You must honour all existing and future medical practitioner appointments. It is NOT appropriate to stop any course of medication or treatment as prescribed by your GP or other healthcare professional without first discussing this with them.
Any therapy or treatment provided should not be used in place of conventional medical care.

Always consult your GP or a healthcare professional for medical attention and advice.

5. The Treatment
First Appointment – Your first appointment will include an initial consultation and assessment, which may include a postural assessment, range of movement testing, muscle strength testing and test for ligament, tendon and meniscus damage. Due to this your treatment time during the first appointment may be shorter, however, assessment is important to be able to treat the cause as well as the symptoms.

Clients are covered with towels during treatment and only the area being massaged is exposed. If you have any further questions about appropriate clothing to wear during your massage please ask before attending.

6. What to expect after treatment
It is normal for you to feel some muscle soreness, aching and on occasion some localised bruising as a result of deep tissue massage therapy to the (skin, muscles, tendons and ligaments), and this will pass as part of the recovery process.

7. Treatment Records & Privacy

You are agreeing to my information being kept on file, securely and confidentially and in the understanding that it shall not be passed onto or read by any third parties, unless previous consent has been sought and provided, for the purposes of referral to another professional/organisation

You are agreeing to provide accurate and up to date information in regard to any changes to ongoing medical treatments as these changes may negatively affect my massage treatments in some way

Client treatment details will not be discussed with anyone other than the client unless the client is under the age of 18 or has a care worker or guardian

Consultations will only be discussed with the client unless the client is under the age of 18 or has a care worker or guardian

All clients must complete a consultation form prior to receiving treatments with us

By signing the consultation form, clients are giving us permission to hold records and data about them in accordance with our privacy policy

8. Complaints Procedure

If a client wishes to make a complaint about Nomad Well-Being this must be emailed to the following email address: – info@nomadwell-being.com

Complaints must include the date and location of the incident, the full name of the complainant, details of the complaint and a desired outcome following the complaint

All complaints will be very seriously and a response will be provided within 28 days

Informed Consent to Participate - PT, Yoga, Pilates

1. That I am participating in the yoga classes, Pilates classes or personal training sessions or any other exercise programmes offered at Nomad Well-Being during which I will receive information and instruction about yoga, physical exercise or health. I recognise that exercise requires physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.

2. I understand that it is my responsibility to consult a physician prior to and regarding my participation in the yoga classes, Pilates classes or personal training offered by my instructor or substitute teacher. I represent and warrant that I am physically fit and I have no medical condition, which would prevent my full participation in these yoga classes, Pilates classes or personal training sessions.

3. Certain activities may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition.

4. You must ensure that you are fit and well enough to participate in any Session that you book, and you will at all times be responsible for your own state of health, physical condition and wellbeing.

5. You must not attend any Session when under the influence of alcohol or illegal drugs or immediately following a heavy meal.

6. If I am pregnant I understand that I participate fully at my own risk and that of my unborn child/children.

7. In consideration of being permitted to participate in the yoga classes, Pilates classes or personal training sessions, I agree to assume full responsibility for any risks, injuries or programmes offered by my instructor or substitute teacher.

8. In further consideration of being permitted to participate in the yoga classes, Pilates classes or personal training sessions, I knowingly, voluntarily and expressly waive any claim I may have against my instructor or substitute teacher for injury or damages that I may sustain as a result of participating in these programmes.

9. I understand that from time to time during yoga classes, Pilates classes or personal training sessions, the instructor may physically adjust students’ form and posture (subject to COVID 19 restrictions). If I do not want such physical adjustments, I will so inform the instructor at each class I attend. I also acknowledge that if I do wish to receive such adjustments, it is my responsibility to inform the instructor when an adjustment has gone as far as I desire at that time

10. I hereby take full and sole responsibility from any liability of loss or damage to personal property associated with yoga classes, Pilates classes or personal training sessions.

Client / Teacher Agreement PT, Yoga, Pilates
  1. The trainer will use their skills and knowledge to design a safe programme of exercise that will take into account the personal goals, fitness levels and exercise likes and dislikes.
  2. The trainer will provide the coaching, supervision advice and support you may need to help you achieve your goals. Your progress will be regularly monitored and the programme revised and adjusted accordingly.
  3. The trainer will provide all necessary equipment and will organise appropriate venues for all training sessions
  4. You will complete an industry standard PAR-Q form to provide your trainer with all necessary information.
  5. All information will be kept strictly private and confidential. If the trainer requires further medical information from you, these must be provided.
  6. It is understood between client and trainer that both will commit to the programme and give 100% effort.
  7. You are required to arrive 10 minutes prior to a training session so that a full session can be achieved on each visit.
  8. You required to wear appropriate clothing and footwear. Clothes should be loose fitting and non-restrictive. Footwear should be comfortable and provide adequate support.
  9. Personal hygiene standards must be maintained.
  10. Inappropriate Behaviour
      • We have the right to terminate sessions immediately if the client demonstrates inappropriate or sexual behaviour
      • Payment will be collected for the full treatment price, provided more than 10 minutes has been spent massaging the client
      • If the therapist is unable to collect money before leaving, an invoice will be sent to the client’s address
      • All invoices must be paid within 7 days of issue date
Online & Virtual Classes - PT, Yoga, Pilates
  1. As with our in person yoga classes, Pilates classes or personal training sessions, by taking part in any online class, I acknowledge that classes may be physically strenuous, and I voluntarily participate in them with full knowledge that there could be a risk of personal injury.
  2. When practising from home, I accept full responsibility for my home space and the health and safety precautions within this space.
  3. I acknowledge that Nomad Well-Being accepts no responsibility for any potential injuries as a result of practise outside of the studio space.
  4. Nomad Well-Being is not responsible for any injuries I may experience as a result of my use of any material found on the company website.
  5. Whilst practising online I am responsible for choosing and taking suitable modifications within my practice and if I choose to divert from the general instructions of the class, then I am doing so at my own discretion.
Use of Nomad Well-Being Website & Services

1. Any information or services available throughout or in connection with the website, or at any treatment given by Nomad Well-Being Practitioners, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well for such treatment. It is not our responsibility to do this for you. Before commencing any treatment, you should consult your doctor first.

2. It is also vital that you supply us with correct information about yourself and update us immediately should this information happen to change. We cannot be liable for any incorrect information supplied to us. We try to make sure that all information contained on this website is correct, however, subject to the paragraph below, we do not accept any liability for any error or omission. We exclude all liability for any action you take, loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website or provided through any service supplied by us to you.

3.You may use the website for personal and lawful use and in accordance with these terms, you may not copy or use any material from the website for any commercial purpose.

The intellectual property rights in all contents of the website and supplied as part of the products or services, and the Nomad Well-Being logos (“materials”) are owned by Nomad Well-Being. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the website or studio, include or create links to or from the website without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any materials or copies thereof. 

You must not use the website to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this website or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the website or any other website or damage or destroy the reputation of Nomad Well-Being.

Nomad Well-Being accepts no obligation to monitor the use of the website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.

4. By browsing the website, you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the website. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

These terms and conditions shall be governed and interpreted in accordance with consumer law, and you consent to the non-exclusive jurisdiction of the English courts.

5. If you have any enquiries or complaints email:info@nomadwell-being.com

6. In common with many websites, we use “cookies” to help us gather and store information about visitors to our website. A cookie is a small data file that our server sends to your browser when you visit the website. It does not identify you personally; just the IP address you’re accessing the website from. The use of cookies helps us enhance your experience of the website. You can delete cookies at any time, or you can set your browser to reject or disable cookies. Unless you have adjusted your browser setting so that it will refuse them, our system will issue cookies when you log on to the website. We may use information from cookies for the following purposes: 

• Traffic monitoring, for example, the IP address from which you access the website, the type of browser and operating system used to access the website, the date and time of your access to the website, the pages you visit, and the Internet address of the website from which you accessed our website.

• To recognise repeat visitors for statistical/analytical purposes.

• Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked. We may connect the information that we collect through cookies with other personal information that you provide to us. 

Here’s why we’ll do this:

• To customise or personalise your experience of the website.

• For transactional purposes, such as credit card sales.

• To make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the website that you visit most often or by letting you know about features of the website that you have not accessed previously.

We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related website information. However, we will never pass on your identity or any specific information about you personally to a third party. If you choose not to receive cookies, you may still use most of the features of our website. Most modern browsers are set to accept cookies by default, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser.