Terms and Conditions
- Website privacy notice
- General payment terms and conditions
- Training, workshops, programmes, coaching & one-to-one sessions
- Making a complaint to Feeling Fantastic over Forty
This privacy notice provides you with details of how we collect and process your personal data through your use of our websites including, but not limited to www.feelingfantasticoverforty.co.uk including any information you may provide through our sites when you purchase a product or service, sign up to our newsletter or take part in a prize draw, quiz or competition.
By providing us with your data, you warrant to us that you are over 13 years of age.
Feeling Fantastic over Forty, a sole trader is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).
Our full details are: Feeling Fantastic over Forty, 24b Oakfield Road, Stroud Green, London, N4 4NL
Full name of legal entity: Feeling Fantastic over Forty
Email address: email@example.com
Postal address: Feeling Fantastic over Forty, 24b Oakfield Road, Stroud Green, London, N4 4NL
Telephone number: (++44) (0)7894 952 530
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). But we would be grateful if you contact us first if you do have a complaint so that we can try to resolve it for you.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at firstname.lastname@example.org
- WHAT DATA DO WE COLLECT ABOUT YOU
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process certain types of personal data about you as follows:
- Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
- Contact Data may include your billing address, delivery address, email address and telephone numbers.
- Financial Data may include your bank account and payment card details.
- Transaction Data may include details about payments between us and other details of purchases made by you.
- Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
- Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
- Usage Data may include information about how you use our website, products and services.
- Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.
We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.
We need to collect the following sensitive data about you in order to deliver the services/product:
Personal information willingly shared.
We require your explicit consent for processing sensitive data, so when you submit your details, we will ask for your consent or send you a further communication asking for you to confirm your consent to this processing.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for the purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at email@example.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
- HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We collect data about you through a variety of different methods including:
- Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
- order our products or services;
- create an account on our site;
- subscribe to our service or publications;
- request resources or marketing be sent to you;
- enter a competition, prize draw, promotion or survey; or
- give us feedback.
- Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- advertising networks such as Facebook based inside or outside the EU; and
- search information providers based inside or outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal, Stripe, Worldpay, SagePay based inside or outside the EU.
- Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
- From forms completed on our website or other advertising.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when legally permitted. The most common uses of your personal data are:
- Where we need to perform the contract between us.
- 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 or regulatory obligation.
Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at firstname.lastname@example.org
Purposes for processing your personal data
Set out below is a description of the ways we intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant.
We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at email@example.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Type of data|
|Lawful basis for processing|
|To register you as a new customer|
|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 Communications
|(a) Performance of a contract with you|
(b) Necessary for our legitimate interests to recover debts owed to us
|To manage our relationship with you which will include:|
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
|(a) Performance of a contract with you|
(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|
(e) Marketing and Communications
|(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 our site (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 and understand the effectiveness of our advertising|
(e) Marketing and Communications
|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 site 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|
|Necessary for our legitimate interests to develop our products/services and grow our business|
You will receive marketing communications from us if you have:
- requested information from us or purchased goods or services from us; or
- if you provided us with your details when you entered a competition or registered for a promotion or free resources; and
- in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for their marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at firstname.lastname@example.org at any time.
Where you opt-out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
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 find out more about how the processing for the new purpose is compatible with the original purpose, please email us at email@example.com.
If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
- DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.
- Third parties who provide debt recovery services.
- Third party rate and review platforms.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
- INTERNATIONAL TRANSFERS
We may share your personal data within our group of companies in the future which may involve transferring your data outside the European Economic Area (EEA).
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we will do our best to ensure a similar degree of security of data 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 by the European Commission; or
- Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
- Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
- DATA SECURITY
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 such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.
- DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see below for further information.
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.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org.
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 may refuse to comply with your request in these circumstances.
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.
We try to respond to all legitimate requests within one month. Occasionally it may 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.
- THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
What’s a cookie?
- A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
- Cookies are used by nearly all websites and do not harm your system.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
- Cookies are either:
– Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
– Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics.
- Cookies can also be categorised as follows:
– Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
– Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
– Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
TERMS AND CONDITIONS
By purchasing an Feeling Fantastic over Forty program you authorize Feeling Fantastic over Forty to charge your credit card as payment for your membership in the program. You agree that you are responsible for full payment of fees for the entire course of the program, regardless of whether you participate, actually attend or complete the program, and regardless of whether you have selected a lump sum or monthly payment plan.
You agree that, if for any reason, you choose to remove or cancel yourself out of the program after the guarantee period has closed and prior to the end date of your payment commitment period you are obligated to pay or continue paying, any outstanding balance(s) for the entire period.
Generally speaking, after the expiration of any “cooling off” or guarantee period, cancellations are not permitted for Feeling Fantastic over Forty workshops and training courses or group coaching programs. In the event that you decide to withdraw following attendance at one or more of the workshops then no refund is due.
If you default on regular payments via your payment plan the full amount is due to be paid within 10 days.
Unless otherwise stated our ‘cooling-off’ period is 14 days upon receipt of your initial payment or agreement (verbal or written) to join the program.
Once all / any cooling off or trial periods are over, the full amount is due according to the payment plan or full payment. In other words, you will continue to make all payments owing in a timely manner. No exceptions to this are made.
To further clarify, no refunds will be issued beyond the deadline stated in the program guarantee and all scheduled payments must be made on a timely basis whether you complete the program or not.
You may be asked to sign this contract to confirm your payment plan and your agreement to these terms. Participating in the program is taken as your agreement to these terms even in the absence of a signed contract. Participation is considered to be, but not limited to, any of the following: online learning forum access, downloading of course materials, receipt of 1-1 coaching, attendance of online coaching calls or training sessions, webinars or attendance of a live workshop or any other form of participation or access to course materials or coaching.
In order to receive all your programme elements, you must attend all days of the live training or workshop, and complete and pass any test papers or case studies associated with your program. Feeling Fantastic over Forty reserves the right to make changes to the programme process.
Should you be unable to attend any of the live training days for any reason it may be possible to transfer to a future workshop. Transfers to future workshops are at the sole discretion of Feeling Fantastic over Forty and may incur a charge of up to 100% of the cost of the training. You must inform Feeling Fantastic over Forty in writing as early as possible if you are unable to attend any of the scheduled workshop time.
Feeling Fantastic over Forty accepts payment by debit/credit card, cash, bank transfer, and cheques. Payments made on receipt of an invoice are due on the date stated on the invoice.
Late payment of invoices or agreed planned payments will incur interest at 8% above Bank of England base rate.
Feeling Fantastic over Forty accepts instalment payments by special arrangement. Instalment payments require the authorisation of Feeling Fantastic over Forty and must be paid for by direct debit from a UK bank account or by debit from a credit card. Feeling Fantastic over Forty reserves the right to charge a higher rate for payment plans where legal and appropriate. This fee is to cover the significant cost to Feeling Fantastic over Forty in the administration of payment plans.
Feeling Fantastic over Forty may require that, where payment is being made via an instalment payment plan, a deposit is required – usually 25% of the total fee due (excluding any administration fee charged by Feeling Fantastic over Forty ). Payments to Feeling Fantastic over Forty may continue after you have completed your training or coaching program, until such time as Feeling Fantastic over Forty has received the full amount due for the program plus any applicable administration fee.
In the event that Feeling Fantastic over Forty agrees to accept a payment plan from you then Feeling Fantastic over Forty will notify you of the cost of the deposit and monthly instalments in advance of the first payment being taken from you by Feeling Fantastic over Forty . Feeling Fantastic over Forty /Feeling Fantastic over Forty direct debits will appear on your bank statement. Payments may also be received by credit cards.
Training, Workshops, Programs, Coaching & One-To-One Sessions
These terms and conditions apply equally in relation to your attendance on one or several Feeling Fantastic over Forty workshops, training courses and/or coaching programs.
For the purposes of these terms and conditions, coaching refers to any one-to-one session or group coaching program offered by Feeling Fantastic over Forty (including by a Feeling Fantastic over Forty Associate) and which includes any coaching provided using Personal Training, Nutrition Guidance and Mindset tools.
When you enrol on a Feeling Fantastic over Forty coaching program, you will be informed of the full amount due for the program or service or the applicable hourly rate together with an estimation of the required time for the session. We will do our best to communicate this to you at the time of booking.
Payment is due when you book your Feeling Fantastic over Forty coaching program. In the case of Feeling Fantastic over Forty coaching sessions of shorter than 2 hours, then you are required to make FULL payment at the time of booking, irrespective of the date upon which your coaching is to take place.
For Feeling Fantastic over Forty coaching programs that are delivered over a longer period (such as a year-long program) which include tasking, the provision of other material, email or telephone support, then the payment for the pre-tasking or the full service (to be decided by Feeling Fantastic over Forty at its sole discretion) will be required at the time of booking.
In accordance with Feeling Fantastic over Forty general terms, once a coaching or one-to-one session has been booked by you and the required seven day cooling off period has passed and the coach has begun preparation work for your session or sessions, then no refund can be offered. Preparation for your session or sessions includes telephone calls with you prior to the session or sessions; the assignment of preparatory work and/or the assessment of any preparatory work or pre-coaching questionnaires.
Before Feeling Fantastic over Forty can begin coaching or working with you therapeutically, it is important that you understand and agree to certain conditions. You must understand that:
- Coaching with Feeling Fantastic over Forty in NO WAY replaces a diagnosis, treatment or advice from or prescribed by a medical doctor or a psychiatrist.
- The results of your coaching session or sessions with Feeling Fantastic over Forty are dependent on your communication with Feeling Fantastic over Forty and any other therapists involved at the beginning of the coaching programme.
- The results of the coaching process are dependent upon you following the instructions that Feeling Fantastic over Forty gives you as he or she guides you through the processes of personal training, nutrition and exercise tracking and mindset that Feeling Fantastic over Forty is trained to provide
- The long term results of your Feeling Fantastic over Forty program are dependent upon you completing ALL homework or tasking your Feeling Fantastic over Forty coach gives you and on you focusing on what you want, rather than what you don’t want and on you taking any necessary action. Feeling Fantastic over Forty cannot be held responsible for your results if you do not do ALL the homework or tasking given by Feeling Fantastic over Forty.
- Feeling Fantastic over Forty can only assist you with problems that you raise and cannot be expected to assist you with problems you do not raise.
- Any coaching session, workshop or training course may bring up emotional issues and related health issues. The teaching, training and coaching provided are in no way intended to substitute medical or psychiatric recommendations or prescriptions. Training, teaching and coaching provided by Feeling Fantastic over Forty are intended for people who are generally well. Emotional issues may arise and this is generally the intent of the work. However, Feeling Fantastic over Forty may refer a client to alternative sources for help in certain circumstances and this may include medical assistance, counselling or other treatment. Feeling Fantastic over Forty reserves the right to remove any client or cease any therapeutic treatment in circumstances where Feeling Fantastic over Forty deems it appropriate. These circumstances may include: preventing loss of life, preventing damage or harm to third parties or property.
- Termination for unprofessionalism or unacceptable behaviour: We are committed to providing all program participants with a positive program experience. By participating or signing below, you agree that Feeling Fantastic over Forty may, at her sole discretion, terminate this Agreement, and limit, suspend, or remove any participant from continuing in a program at any time without a refund if the participant ceases to follow the Program guidelines or instructions, or becomes disruptive or difficult to work with, or if a participant impairs the participation of program instructors or other participants in the program.
- Feeling Fantastic over Forty will make all reasonable efforts to ensure that you get the results you desire, however, Feeling Fantastic over Forty cannot guarantee any results. You agree to take responsibility for your own results.
- Feeling Fantastic over Forty reserves the right to substitute a coach or facilitator with another of similar experience and training levels.
- Feeling Fantastic over Forty reserves the right, at all times, to make changes to course materials.
- Feeling Fantastic over Forty reserves the right to alter her fees as she sees fit. However, once you have confirmed a booking for a coaching session, workshop or training course, the price you have confirmed at is the price for that session or training.
- For all Feeling Fantastic over Forty training programs and resources provided online, it is your responsibility to ensure that you have adequate, up-to-date, basic computer hardware and software to access these resources. Feeling Fantastic over Forty cannot take responsibility either for your equipment or for your personal level of technical expertise. We do not provide training to teach the basic computer skills you need to access and use our online materials. An inability to access our online resources due to unsuitable computer equipment or lack of basic skills to operate your computer does not qualify you for a refund.
- If you would like to review or change the details you have supplied to us, please contact us in writing (by email is acceptable) to notify us of the changes you wish to make.
- All materials and information are protected by the intellectual property laws of England to the greatest extent provided under the law. You are not permitted to distribute, copy or in any way share your materials, other than in ways that are expressly permitted by Feeling Fantastic over Forty. Any materials supplied to you are for your private use only.
- Feeling Fantastic over Forty will use its reasonable endeavours to carry out these terms as agreed but is not liable for loss (whether direct or consequential) suffered by a client in the event that Feeling Fantastic over Forty is unable to complete the work as a result of matters that are not the fault of Feeling Fantastic over Forty (which may include strikes, illness, labour disputes, accident or breakdown of vehicles)
- You agree that you are participating in the coaching programme/event/ workshop/training at your own risk and that we shall not be liable under any circumstances for any matter arising out of your participation (other than for matters for which we are not legally able to exclude or limit liability such as death or personal injury caused by our negligence or fraudulent misrepresentation).
Due to the nature of coaching, we do not guarantee any particular result. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
Making A Complaint To Feeling Fantastic over Forty
In the unlikely event that you are dissatisfied with the services and/or products supplied to you by Feeling Fantastic over Forty then you may make a complaint under the conditions of guarantee below:
- You must contact Feeling Fantastic over Forty in writing stating that you are dissatisfied with the services and/or products supplied and making it clear the precise items you are dissatisfied with. We will then begin the student grievance procedure that is available to you on request.
- Any complaints must be received by Feeling Fantastic over Forty no more than 30 days following the date of your coaching session, workshop attendance, training course or your receipt of any products supplied to you.
- You must be up to date with all payments in order to make a complaint.
- You are required to demonstrate that you have made an honest and clear attempt at all exercises and tasking.
- You must return any and all course materials supplied to you by Feeling Fantastic over Forty, including any workbooks, files, CDs and all other bonus materials.
- If you have received a personality profile or any other externally delivered service as part of your course, or as a standalone purchase, you may not receive a refund once you have completed it and received feedback or any accompanying coaching.
Please email us at email@example.com
These terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England.