1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose of this privacy notice
1.1.2 This website is not intended for children and we do not knowingly collect data relating to children.
1.2.2 Blue Marlin Ibiza London Ltd is a company registered in England and Wales with registration number 14597677 and registered office at 20 Fitzroy Square, London, W1T 6EJ, England is our data protection representative based in the UK and can be contacted via post or via the email address set out below in paragraph 1.2.3.
1.2.3 If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us via email at [email protected] or write to us at: 20 FITZROY SQUARE, W1T 6EJ, LONDON, UK
2. THE DATA WE COLLECT ABOUT YOU
2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2.2 We may collect, use, store and transfer different kinds of personal data about you as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, ID photograph, job position and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
2.5 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2.6 If you fail to provide personal data
2.6.1 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service or membership club you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
3.1 We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services or membership club;
- create an account on our website;
- visit and/or join our Blue Merlin Ibiza London club or change your details
- choose to provide this information to a member of our team
- make a booking in our restaurant or spa
- request information about our services via email or website
- take part in any of our events
- renew or cancel your membership with us
- are named contact for a supplier
- provide us with this information before an out/set, group exercise class or spa treatment
- subscribe to our service or publications
- request marketing to be sent to you
- enter a competition, promotion or survey
- give us feedback or contact us
- Third parties or publicly available sources. Your personal information may also be available to us from external publicly available sources. We will always respect the communications preferences that you have specified. For example, depending on your privacy settings for social media services, we may access information from those accounts or services (for example when you choose to interact with us through platforms such as Facebook and Instagram.
- Technical Data from the following parties:
- analytics providers including GOOGLE CLOUD based in Dublin, Ireland.
- providers of technical, payment and delivery services including Wise, Revolut, Planet Merchant and American Express based inside the UK.
- publicly available sources such as Companies House based inside the UK.
4. HOW AND WHY WE USE YOUR PERSONAL DATA
4.1 We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
- Where it is in your / someone else’s vital interests (for example, in case of medical emergency suffered by somebody on our premises).
- Where you have provided your consent for us to use your personal information in a certain way (for example, we will ask for your consent to use your personal information to send you supporter newsletters by email, and we may sometimes ask for your explicit consent to collect special categories of your personal information).
4.2 Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
4.3 Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
4.4 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
4.5 Purposes for which we will use your personal data
|Type of data
|Lawful basis for processing
including basis of legitimate
|To register you as a new customer or member
|Performance of a contract with you
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and
|(a) Performance of a contract with
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Marketing and
|(a) Performance of a contract with
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To enable you to partake in a prize draw, competition or complete a survey
(d) Marketing and
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(d) Marketing and
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|To make suggestions and recommendations to you about goods or services that may be of interest to you
(e) Marketing and
|Necessary for our legitimate interests (to develop our products/services and grow our business)
4.6 Our news and offers that you may like
4.6.1 As part of our service, we will email you with club news and offers that we have negotiated for our members and guests. We will invite you to appropriate events and activities, and send appropriate materials including marketing materials and promotional offers. Where we do this via email, we will not do so without your prior consent (unless allowed to do so via applicable law). If you do not wish to receive this additional information, you can opt out at point of sale, visit the member area and amend your mailing preferences at [ email address], or choose the ‘opt out/unsubscribe’ option present on our email, or reply STOP or UNSUBSCRIBE to any of our email.
4.6.2 If you have not made a purchase from us, we will only contact you via email with updates, such as offers and events provided that you have consented to this (with the exception of direct response to a query). You can ‘unconsent’ to contact at any time choosing the ‘opt out/unsubscribe’ option present on our email, reply STOP or UNSUBSCRIBE to any of our email.
4.7.1 We have CCTV installed in public areas (not changing areas) at our Blue Marlin Ibiza London club premises in London. Recordings are stored on a secure server for a maximum of one month for the purpose of security and personal protection.
4.8 Third-party marketing
4.8.1 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
4.10 Change of purpose
4.10.1 We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
4.10.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain
the legal basis which allows us to do so.
4.10.3 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
5.1 We may share your personal data with the parties set out below for the purposes set out in the table “Purposes for which we will use your personal data” above.
- shops, gyms and nurseries, where the service, product or information you have requested it;
- healthcare professionals and organisations involved in the provision of care, facilities and/or supplies;
- suppliers and sub-contractors for the performance of any contract we enter into with them, for example, IT service providers such as website hosts or cloud storage providers;
- parties administering our benefit payments, reward programmes and pension contributions;
- financial companies that collect and process donations on our behalf;
- professional service providers such as accountants and lawyers;
- parties assisting us with research to monitor the impact/effectiveness of our work and services;
- organisations that help us run Blue Merlin Ibiza London events or events where Blue Merlin Ibiza London is present.
- Landlord and property management company.
- Solicitors, chartered accountants and/or auditors.
In particular, we reserve the right to disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we will disclose your personal information to the (prospective) seller or buyer of such business or assets;
- if substantially all of our assets are acquired by a third party, personal information held by us may be one of the transferred assets;
- if we are under any legal or regulatory duty to do so; and/or
- to protect the rights, property or safety of Blue Merlin Ibiza London, its personnel, users, visitors or others.
- Where required, we enter into a written contractual agreement that will ensure that those organisations can only use the data provided for the specific purposes we direct them to do, and that they have in place strict security requirements in order to protect your personal information and comply with our legal obligations.
5.3 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
6.1 To deliver services or manage our relationship with you, it is sometimes necessary for us to share your personal information outside the United Kingdom. Many countries do not have data protection laws which offer you as much protection as in the United Kingdom. We will, however, where required take reasonable steps to ensure that any recipient of your personal information based outside the United Kingdom implements appropriate safeguards to protect your personal information.
6.2 Whenever we transfer your personal data out of the United Kingdom, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
- Where we use certain service providers, we may use specific contracts approved for use in the United Kingdom which give personal data the same protection it has in the United Kingdom.
6.3 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the United Kingdom.
7. DATA SECURITY
7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
8.1 How long will you use my personal data for?
8.1.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
8.1.2 To determine the appropriate retention period for personal data, 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, regulatory, tax, accounting or other requirements.
8.1.3 Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
8.1.4 In some circumstances you can ask us to delete your data: see Request erasure at paragraph 9.1.3below for further information.
8.1.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
9.1.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
9.1.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
9.1.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
9.1.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.1.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
9.1.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
9.1.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
9.2 If you wish to exercise any of the rights set out above, please contact us.
9.3 No fee usually required
9.3.1 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
9.4 What we may need from you
9.4.1 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.5 Time limit to respond
9.5.1 We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9.7 Links and third party
9.8 How to contact us
9.8.1 You are further entitled to make a complaint about us or the way we have processed your personal information to the data protection supervisory authority in your home country. In the United Kingdom, the data protection authority is the Information Commissioner’s Office – www.ico.org.uk. For all questions or concerns regarding the processing of your personal information, please do get in touch. You can write to our Data Privacy Manager at [email protected] or write to us at:
20 FITZROY SQUARE, W1T 6EJ, LONDON, UK
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
- Service providers acting as data processors who provide us with payment processing, IT, system administration and credit referencing services and online membership service who are based inside the UK, whilst others are based outside the UK (such as Peoplevine based in Chicago, United Stated and Stein based in Ibiza, Baleares).
- Professional advisers including bankers, solicitors, auditors and insurers who provide us with banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.