Terms and Conditions Elite Coach Pte. Ltd. (Reg. 201133599R)

Terms & Conditions for SWIM LESSONS & PRIVATE LESSON:
1/ Classes terms & Cancellation Policy
a) In case of light rain, the classes will still go on unless there is thunder with a risk of lightning. (In this case the classes will be cancelled until the weather gets better. The classes will not be charged unless the classes already started)
b) Last Minute CANCELLATIONS (LMC done less than 24 hours before the start of the class) could be charged (depending the situation) in fairness to our trainer’s time.
c) A 24 hours advance cancellation notice is required from our clients.
d) Once a class has started, that class is considered executed and will be deducted from the package, even in the event of sudden change or circumstance requires the class to finish earlier (i.e. weather, illness, trouble in the class, injuries)
e) All scheduled sessions will start and end at the time previously specified and agreed upon in the scheduled appointment.
f) Haze Policy: In any situation that the Haze level rises above 100 PSI, in accordance with the advice from the Ministry of Health in Singapore, we recommend to not practice any outdoor activities intensively. When the Haze level rises above 150 PSI (official MOH reading) one hour before the scheduled class, the outdoor classes might have to be stopped or cancelled at the very last minute. Our trainers will remain available unless the client cancels the class before the start and does not want to wait at the location for better weather conditions.
g) All our Class Packages are valid for 2 years from the date of purchase.
h) Sentosa Policy: All clients residing in Sentosa or located further from our training locations could have an additional charge of S$10/sessions.
i) Classes conducted in early morning (before 7.30am) and late evening (after 8.30pm) could be subject to an additional charge of S$10/sessions.
j) All trainers have the right to remove any students from his/her class if any conflict or issue arises. (Any scheduled sessions for that particular student will be charged accordingly and be justified upon a case to case basis.
k) Group Classes Policy: our swimming group classes can accommodate from 2 to 8 students, based on similar individual skills at any given time. In the event the group class becomes a 1to1 class due to the absentee(s) failing to notify their class cancellation the attending student will just be charged as usual with 1 session on his package. However, when the group cancels their classes 24 hours in advanced and left with 1 attending student, if the attending student wants to have the class our 1on1 rates will apply.
l) Abusive cancellation will result in client’s loss of the usual requested scheduled booking dates to other clients.
m) We work only with packages paid in advance. « A la Carte » sessions could be subject to an additional charge of S$10/sessions.
2/ Payment, Refund & Surcharge Fees Policy
a) Payment for classes & packages need to be paid full in advanced. If a student is still under "pending payment status" after the 3rd lesson, the trainer has the right to stop all training until the payment is made.
b) All payments can be made by Bank transfer, Check or Cash
c) For bank transfer: include Student’s Name in the transfer note with the Sale ID Invoice Reference Number
d) For Check payment write Student’s Name with the Invoice Reference Number at the back of the Check (you can mail your Check to: Elite Coach Pte. Ltd., 191B Thomson Road, Goldhill Centre, 307632 Singapore)
e) Surcharge fees of 5% on the rates may apply for late payments (14 days after the issued invoice)
f) Nonpayment will result in client’s loss of the usual requested scheduled booking dates to other clients.
3/ Insurance & Liabilities Policy
a) All clients must declare that they and/ or their owned / rented facilities have appropriate insurance coverage to be trained by our trainers (i.e. Hospitalization, public liabilities etc.), and that each client/client’s child is physically and mentally in good health (after doctor’s examination) and comply to Elite Coach Pte. Ltd.’s (191B Thomson Road, Goldhill Centre, 307632 Singapore, M +65 8112 9162) terms and conditions, regarding the services provided by the Company, be it for personal/group training in swimming, aquagym, fitness, bodybuilding, cardio training, bootcamp, tennis, dance, boxing, Muay thai Boxing etc.
b) The company “Elite Coach Pte. Ltd” together with its agents and trainers in session (including the premises used for the session) will not hold any liability or responsibility whatsoever for accidents, injuries, deaths, damages, losses, expenses or any other claims arisen during The Company’s and trainer’s provided services.
4/ Others
a) By accepting Elite Coach’s terms, you agree to receive Elite Coach’s Newsletter with the possibility to unsubscribe by sending an email to contact@elitecoach.com.sg
b) By accepting Elite Coach’s terms, you agree to give Elite Coach and SwimtoFly, full authorization to use any images and videos made for social media and any teaching program media.
c) A responsible adult supervision and practice is required to carry out the Swim to Fly program and to ensure the safety of the learner at all times.
5/ Intellectual property
Swim to Fly®  by Christian Anseaume is a proven swimming method and trademark T14137442, registered under the Intellectual Property Office of Singapore – IPOS. All rights are reserved. The method belongs solely to the founder Christian Anseaume of Elite Coach Pte. Ltd. All content and videos instructions are copyrighted and constitute trade secrets and inventions and that any party shall neither disclose nor make use of the same for their own purposes unless having an official agreement signed by the owner of the method (Christian Anseaume of Elite Coach Pte. Ltd.)
6/ Non Solicitation clause
The Client will not, during the term of his [membership] and for a period of six (6) months after termination of his [membership], directly or indirectly, approach, solicit, entice or attempt to approach, solicit or entice any of the employees of the Company to leave the employment of the Company, or any person who was employed by the Company in the last six (6) months. You acknowledge the value of our employees and the investment the Company has committed to train its employees in order to provide you a proper coaching according to high standards. In addition, you acknowledge the difficulty in ascertaining the quantum of damages in case of breach of this non-solicitation undertaking described above. As a consequence, in the event of any breach, you shall pay the Company liquidated damages equal to SGD 50,000. Such a liquidated sum represents a fair and reasonable amount of compensation to the Company for the money spent by the Company for training the employees, the recruitment of someone to replace him (including his training) and for the potential loss due to his departure and the loss of clients.

Terms & Conditions for GROUP CLASSES & GYM MEMBERSHIPS:
1. In signing this Agreement, you understand that you are waiving your right to open a martial arts academy within a 50-mile vicinity of an existing ELITE COACH location. For avoidance of doubt, you are agreeing not to open a competing school within a 50-mile radius of an existing ELITE COACH facility.
2. In signing this Agreement, you fully understand and accept that this membership agreement automatically renews under the existing fees, terms, and conditions at the expiration date of this agreement and is subject to change at the sole discretion of the management of ELITE COACH PTE LTD. In case of permanent relocation oversea (Not in Singapore), you may terminate this agreement by providing us evidence of the relocation. The termination of this agreement can become effective once your relocation is effective.
3. If you wish to terminate your fixed-term membership “Contract”, you must give at least one (1) calendar month’s notice before the “Contract End Date”, either in writing to ELITE COACH or in person at your gym of enrolment. Membership termination may not take place before the expiry of the “Contract End Date”. Premature termination and termination of a membership that has been suspended at your request shall be subject to full monthly dues for the remaining period or suspension period (as the case may be). The minimum cancellation fee for premature termination by you is equal to three months dues. However, management may exercise its rights to collect the full amount remaining on the contract.
4. Fees may vary for members depending upon the type of membership, place of purchase and/or time of purchase. Your fees or dues rate is specified in this Agreement. Unless otherwise specified, all fees and dues are exclusive of goods and services tax, value added tax or such other consumption tax by whatever name called at the prevailing rate(s).
5. Your membership can be upgraded for increased benefits by payment of an upgrade fee.
6. A fixed-term membership “Contract” consists of an initiation fee, processing fees and monthly dues. The initiation fee is paid in full at enrolment before membership begins. Subsequent payments of the monthly dues and processing fees are made and must be settled by Autopay. The term of your membership is set forth in the “contract description” and you may not terminate a fixed-term membership “Contract” before the “Contract End Date” indicated in the “contract description” section. You shall enjoy the use of the applicable ELITE Gym facilities for the duration of the term. ELITE reserves the right to, at the end of the term, increase/adjust the monthly fee for the contract renewal. At the end of the contract your contract membership will be automatically renewed for a further term of equal duration to the initial fixed-term and will be successively renewed in such manner, until you have given ELITE COACH written notice to terminate in accordance with clause 14 below. The “Contract End Date” will be deemed to be extended for the relevant duration upon each successive renewal.
7. If you have purchased fixed-term membership, at the end of the term you may only renew for a further fixed-term of equal or greater duration, and you will not be permitted to extend the membership term on a month-to-month basis.
8. ELITE COACH immediately earns the initiation and processing fees and, if you have purchased a contract membership, the first month’s dues when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees, and any subsequent monthly dues once they have been paid by you, shall be final and are not transferable or refundable. If you have purchased a membership, then whether or not you use the ELITE COACH Gym, you must still pay your dues.
9. All monthly or periodic fees and dues will be charged and will be immediately payable in advance of the month or period to which the payments relate, without set-off or deduction whatsoever (legal or equitable or otherwise). If you fail to pay your fees or dues on the due date, ELITE COACH reserves the right to refuse you entry into any ELITE COACH Gyms until such outstanding payment is received. ELITE COACH reserves the right to take appropriate legal actions to recover any outstanding payments. In such event, you agree to indemnify ELITE COACH for any costs and expenses incurred by or associated with such legal actions, including but not limited to legal fees on an indemnity basis, and you shall remain liable for all fees and/or dues during such periods.
10. Monthly Autopay payments will be made on either the first calendar day or contract signing day for each month. ELITE COACH may extend a five (5) days grace period after the due date at its sole and absolute discretion. Beyond the 5 days grace period, a late fee of S$25 will be charged if for any reason ELITE COACH cannot collect on your monthly fees. A pro-rata charge will be added to your first Autopay payment based on the number of days between one month after your date of joining ELITE COACH and the date of your first Autopay payment. You may not cancel your Autopay authorisation until the full minimum commitment period has been completed. In the event that any fees, dues or other charges must be charged through manual billing due to absence, cancellation or expiration of a valid Autopay authorisation for any reason, you agree to pay the additional monthly administrative or service charge.
11. ELITE COACH reserves the right to open new gyms and/or relocate gyms by giving not less than thirty (30) days’ notice to members at the affected gym and, subject to clause 15(c) below, you agree to use the nearest or any alternative ELITE COACH Gym and shall not be entitled to terminate membership.
12. ELITE COACH Gyms (or portions thereof) are regularly closed on a temporary basis for maintenance, selected holidays and other times based on government or regulatory requirements, and such temporary closures will have no effect on this Agreement so long as such temporary closures are reasonable. If your gym of enrolment is forced to close or partially close by events or occurrences beyond ELITE COACH control, such as, by way of example, strikes, lock-outs, labor disputes, acts of Gods, war, act of terrorism, riots, civil commotions, malicious damage, accidents, fires, floods, earthquakes, typhoons, power outages or compliance with a law or governmental order, rule, regulation or direction (each hereinafter referred to as an “Unforeseen Event”), you will not be entitled to a refund or dues credit or to terminate your membership. However, if your gym of enrolment is forced to close or partially close for more than thirty (30) days by an Unforeseen Event, ELITE COACH will extend your membership, without further payment, for the same period your gym of enrolment was closed or completely unavailable, but only if there is not another available ELITE COACH Gym within ten (10) kilometres of your gym of enrolment.
13. Only ELITE COACH staff or persons expressly authorised by ELITE COACH may provide ELITE COACH Services to members while they are in an ELITE COACH Gym. “ELITE COACH Services” are types of services that ELITE COACH provides to its members and include, but are not limited to, martial arts classes, private lessons, seminars, workshops, other forms of fitness instruction, and retail sales of food, beverages, nutritional supplements and other products. While in an ELITE COACH Gym, you may not solicit or provide ELITE COACH Services or other similar service to other members or guests, nor may you receive such services from other members or guests. This restriction applies regardless of whether (i) ELITE COACH charges its members for such ELITE COACH Services or (ii) you charge other members or guests or pay other members or guests for such ELITE COACH Services. ELITE COACH shall determine in its sole and absolute discretion whether a service being solicited or provided by you, or being provided to you, constitutes an ELITE COACH Service.
14. Upon acceptance, you will be issued with a membership pass on ELITE COACH SINGAPORE APP & CRM, and you shall be entitled to all the rights and privileges exercisable by the class of membership for which your application has been accepted. You may not loan your membership, or permit it to be used by, anyone other than yourself. Admission of any member without a valid membership will be at the sole and absolute discretion of ELITE management and/or staff.
15. (a) ELITE COACH reserves the right to terminate your membership if you are in breach of this Agreement, the Terms and Conditions or the Rules and Guidelines. No refund in respect of fees or dues will be paid in the event of such termination.
(b) ELITE COACH reserves the right at any time to terminate your membership for any reason not stated in sub-paragraph (a) above provided always that such reason does not contravene local laws and regulations.  If ELITE COACH does so terminate your membership, it will send or deliver a termination notice to you and refund any unused fees or dues.
(c) If ELITE COACH closes your gym of enrolment permanently and there is not another ELITE COACH Gym within ten (10) kilometres of your gym of enrolment, this Agreement will terminate on the date of permanent closure. As such you will not have to pay further monthly dues and ELITE COACH will refund any unused fees or dues. You are not entitled to a refund if there is another ELITE COACH Gym within ten (10) kilometres of your gym of enrolment.
(d) ELITE COACH reserves the right, at its sole and absolute discretion, to terminate all agreements with you, including this Agreement, if you terminate any related or ancillary agreements, such as an agreement for personal training services.
(e) Upon cancellation or termination of your membership and after any required notice period, your right to use the ELITE COACH Gyms henceforth ceases and you may be denied access to any or all ELITE COACH Gyms. Unless expressly provided otherwise in this Agreement, you shall have no claim for any refund of your initiation fee, membership dues or fees paid for ELITE COACH Services. If you owe ELITE COACH any amounts of money when your membership ends, such outstanding amounts shall be deemed to be and are recoverable as a debt, and ELITE COACH is entitled to deduct or off set any amounts from any refund you might otherwise be entitled to for the purposes of satisfying such debt. If the refund is not enough to satisfy the debt, you remain liable to pay ELITE COACH the outstanding balance. If your membership terminates or expires for any reason and you want to rejoin, you shall be required to buy a new membership at the then prevailing membership rates.
16. ELITE COACH may send or deliver notices to you at the mailing address or e-mail address specified in your profile registration, or such other address as you may have notified in writing to ELITE COACH from time to time. Any such notice, if sent by e-mail shall be deemed to have been duly given upon transmission, and if sent by mail, proper postage pre-paid, shall be deemed to have been duly given three (3) days after posting.
17. By signing this Agreement, you confirm that you have read and agree to the ELITE COACH Privacy Policy. Your personal data may be collected, used and disclosed by ELITE COACH and its related corporations as set out in the ELITE COACH Privacy Policy.
18. Unless otherwise prohibited or limited by applicable law, by signing this Agreement, you agree that should your personal data under the possession or control of ELITE COACH be lost, leaked, exposed or compromised arising from the action(s) of a third party (such as a third party hacker) through no fault of ELITE COACH, that you will not hold ELITE COACH liable in any way whatsoever including for any losses or damages suffered by you, arising from such loss, leak, exposure or compromise of your personal data.
19. You may not amend the terms of this Agreement. ELITE COACH may amend, vary, delete or add to this Agreement with immediate effect in its sole and absolute discretion from time to time and where appropriate.
20. The rights of membership shall be enjoyed only by you, and the membership and your rights and obligations under this Agreement may not be transferred, assigned, or novated by you. ELITE COACH may transfer, assign or novate its rights and obligations under this Agreement at any time without notice to you.
21. This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. In the event of any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, you and/or ELITE COACH shall first seek to resolve the dispute or claim by amicable discussion by giving the other party written notice of the dispute or claim. If no resolution can be arrived at between you and ELITE COACH by amicable discussion, either you or ELITE COACH may refer the dispute or claim to confidential and binding arbitration, provided strictly that such reference to arbitration is made no less than twenty one (21) calendar days after written notice of the dispute or claim is given to the other party. Any dispute or claim hereunder shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Small Claim Tribunal of Singapore can also be another alternative to seek for arbitration (https://www.judiciary.gov.sg/civil/file-small-claim). The seat of the arbitration shall be Singapore and the language of arbitration be in English. The Tribunal shall consist of a sole arbitrator jointly nominated by you and ELITE COACH; failing which, the sole arbitrator shall be nominated in accordance with the SIAC Rules for the time being in force. Matters relating to prospective, ongoing or concluded arbitration (including the existence of an arbitration and/or the dispute or claim and all details thereof) pursuant to this Agreement shall be kept strictly confidential save where disclosure is required by law and parties will not publish details of the same (whether on social media, in print or other form).
22. The provisions of this Agreement are severable and invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. ELITE COACH’s failure or delay to exercise any rights or remedies under this Agreement shall not be construed as a waiver of such rights, remedies or provisions.
23. Save as expressly provided or conferred benefits within this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) (hereinafter referred to as the “Act”) to enforce any term of this Agreement. Notwithstanding any provision of this Agreement, you and ELITE COACH may agree to supplement, vary (including any release or compromise of liability), rescind or terminate this Agreement without the consent of any third party and Section 3(1) of the Act shall not apply.
24. This Agreement constitutes the entire agreement between you and ELITE COACH with respect to the membership/Contract purchase and supersedes all prior discussions, negotiations and agreements. You acknowledge that neither ELITE COACH nor anyone else made any verbal or written representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. In the event of any inconsistency between the terms of ELITE COACH’s signed copy of this Agreement (including under “Personal Details”, “Accounting” and “Membership Details”) and the terms of your copy of this Agreement, the terms of ELITE COACH’s copy shall prevail.

DISCLAIMER OF LIABILITY

25. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of the ELITE COACH Gyms or that might be detrimental to your health, safety comfort or physical condition. You confirm that ELITE COACH did not give you any medical advice before you joined and understand that ELITE COACH cannot at any time give you any advice relating to your physical condition and/or ability to use the ELITE COACH Gyms. If you have any health or medical concerns now or after joining, you should consult with your physician prior to using the ELITE COACH Gyms. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner. You agree that ELITE COACH may, at any time and in its sole discretion, require you or your guest(s) to make such declarations in respect of your or your guest’s health, physical condition, travel history, and/or such other details as ELITE COACH may consider necessary.
26. Participation in the activities and the use of the facilities at the ELITE COACH Gyms naturally involves the risk of injury to you or your guest(s), whether caused by you or someone else. You understand and acknowledge that activities and the use of the facilities at the ELITE COACH Gyms naturally involve close physical proximity to other persons, members and/or guests, and may involve attendant risks of injury and/or illness to you or your guests(s). Specific risks vary from one activity to another and the risks range from minor injuries to catastrophic injuries including death. In consideration of your participation in the activities and use of facilities offered by the ELITE COACH Gyms, you understand and voluntarily accept this risk and agree that ELITE COACH, its related corporations and each of their officers, directors, employees, students, volunteers, agents and independent contractors will not be liable for any death or injury, including without limitation, personal, bodily, or mental injury, illness or disease, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, guests or unborn child arising out of, or in connection with you or their (as the case may be) use of any ELITE COACH Gym’s services, facilities or premises, whether related to exercise or not. Further, you understand and acknowledge that ELITE COACH does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that ELITE COACH is providing fitness services and may not be held liable for defective products. You agree that you will not make any unfavourable or prejudicial statements to any person (save where such statements are made in confidence to professional advisers for the purpose of obtaining professional advice, provided that the statements shall remain in confidence, or where required by law) relating to the affairs of ELITE COACH, ELITE COACH Gyms or to your participation in the activities and use of the facilities offered by the ELITE COACH Gyms. You agree that you will not disparage or otherwise make any statement or comment unfavourable or prejudicial to ELITE COACH in any medium and on any platform, including on social media, without the prior written consent of ELITE COACH. Your guests agree to abide by the Rules and Guidelines and to be bound by the same limitations of liability that apply to you as a member.
27. You agree to indemnify and hold harmless ELITE COACH, its related corporations and each of their officers, directors, employees, volunteers and independent contractors (each an “Indemnified Person”) against any losses, damages, liabilities, claims, costs and expenses (including legal fees and expenses on a full indemnify basis) that are: (a) brought against or incurred by such Indemnified Person for any injuries or claims mentioned in clause 26 above; and/or (b) incurred by such Indemnified Person arising from any claim made against an Indemnified Person by another member, arising as a result of or in connection with any act, omission, negligence or default by you or your guest{s).
28. You are solely responsible for the safekeeping of your belongings. ELITE COACH is not liable to you or your guests for any personal property that is damaged, lost or stolen while on or around ELITE COACH’s premises, including but not limited to a vehicle or its contents. You agree that in no event shall ELITE COACH’s maximum liability exceed S$200.

 

PRIVACY POLICY

1. Who we are

1.1 This is the Privacy Policy (“Policy” or “Privacy Policy”) of ELITE COACH PTE. LTD. (“ELITE COACH”) and its related corporations, subsidiaries or affiliates (collectively the “Group“; each an “ELITE COACH Entity”). The ELITE COACH Entity that you transact with, enter into a contract with or interact with shall be referred to as “ELITE COACH”.

1.2 You have been directed to this Policy because a company within the ELITE COACH Group is collecting, using or disclosing your personal data.

1.3 In this Policy, when we use “we“, “us” or “our“, we refer to the companies (within the ELITE COACH Group) which is/are collecting, using, disclosing or processing your personal data (it will/may be the ELITE COACH Group of companies), or which is operating the Website which you are accessing or using.

1.4 We own and/or operate website(s) such as “elitecoach.com.sg”, “swimtofly.com” and/or any mobile apps that may be published by us (the said website and mobile apps may be collectively or individually referred to as the “Website”).

2. What is the purpose of this Policy?

2.1 The purpose of this Privacy Policy is to inform you and provide you with an understanding of how we, our affiliates, related corporations and associated companies globally, handle, collect, use, disclose and deal with personal data about you that you give us, that we receive through third parties or that is in our possession. Please read this Privacy Policy carefully.

2.2 We are committed to safeguarding the privacy and security of your personal data. We take our responsibilities under Singapore’s Personal Data Protection Act (the “PDPA”) seriously. We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.

2.3 The contents of this Privacy Policy may change over time so please check back frequently. Any changes to this Privacy Policy will be posted on and can be viewed at our Website.

2.4 By providing any personal data to us, you declare and affirm that you agree to the terms set out in this Privacy Policy.

3. What personal data is collected

3.1 “Personal data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access.

3.2 By providing your personal data to us, whether you have provided such personal data through our Website, over the phone, at an ELITE COACH Entity academy, a smart phone or social media application, or in any other manner or otherwise, you agree to the collection, use and disclosure of that data in accordance with this Privacy Policy.

3.3 The ELITE COACH Group collects information about you, such as when you provide your information to us, when you use our Website, when you interact with us and/or when you enter into a transaction with us. Without limiting the generality of the foregoing, we collect and hold data that you have provided to us about yourself, and information about your use of our services such as membership information and information about your use of our academies and facilities. The information that we collect will depend on how you use the services offered by the ELITE COACH Entity you are interacting with, or the circumstances or the nature of the transaction with you. Personal data which we may collect include :

  • Name

  • Home Address

  • Location Information of yourself and/or your computer or device

  • Contact Information

  • Transactional Information

  • Usage and Preferences

  • Photograph

  • Your purchase and/or your transactions with us

  • Your personal data you provide in applying for ELITE COACH memberships – for example, your name, postal address, date of birth, contact details and credit card details

  • personal data you provide as part of your use of the ELITE COACH Group academies and facilities – for example, the frequency with which and the times at which you use an ELITE COACH Group academy including the classes that you attend

  • personal data you provide as part of your use of our Website and web services – for example, the email address you provide to participate in specific promotions and offers, information you provide about your use of our academy and your fitness

  • personal data relating to your health – for example, the existence and nature of a medical condition disclosed to us in completing our pre-exercise questionnaire.

We will collect your personal data in accordance with the PDPA.

3.4 We may collect data by automated means. Various technologies may be used on our Website and our mobile and web-based applications in order to make them more user-friendly, effective and secure. Such technologies may lead to data being collected automatically by us or by third parties on behalf of us. This data does not always, but may, contain a user’s personal data or comprise of personal data. Examples of such technologies include:

  • (a) Click-stream data. A visit to one of our Website results in data that is transmitted from your browser to our server being automatically collected and stored by us or by third parties on behalf of us. This data can include, in particular, the following:

    • the visitor’s IP address

    • the date and time of the visit

    • the referral URL (the site from which the visitor has come)

    • the pages visited on our website

    • information about the browser used (browser type and version, operating system, etc).

  • (b) Cookies. A number of places on our Website and our mobile and web-based applications make use of cookies. These are essentially small text files that are stored on your computer’s hard drive or your user device by your web browser. We can use cookies to identify the owner of a user account and to store articles in a shopping basket during the purchasing process. In other words, cookies help to make our website or our (mobile and web-based) applications more user-friendly, more effective and more secure. The cookies usually used by us are so-called “session cookies”, which are automatically deleted at the end of the visit to the relevant website. By default, web browsers enable the use of cookies but this function can also be disabled. However, this will result in some services not being available. It is also possible to manually delete cookies after their use via the web browser. More information may be available from your web browser provider.

  • (c) Flash cookies. A particular form of cookie is the flash cookie. In contrast to normal cookies, these cookies are not created and saved by the web browser but are governed by the Adobe Flash plug-in. These can contain more information than normal cookies and cannot be deleted or disabled via the browser; this is only possible if you follow instructions available from the Adobe Flash Player website. You can also obtain more information about these cookies on that website.

  • (d) Web beacons and tracking links. Web beacons (also known as pixel tags and clear GIFs) involve graphics that are not apparent to the user. Tracking links and/or similar technologies consist of a few lines of programming code and can be embedded in our Website or our (mobile) applications. In conjunction with cookies, these are primarily used for statistical analysis purposes. This technology can also be used for tracking traffic patterns on websites, as well as finding out if an e-mail has been received and opened and to see if there has been any response.

  • (e) Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and (mobile) applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or (mobile) application, or to find out what information and services our visitors are most interested in. For these purposes, we primarily make use of click-stream data and the other techniques listed above. Web analytics are carried out by Google Analytics and/or other selected parties. You can find out more information about the processing of web analytics data by Google Analytics in paragraph 6 below.

3.5 In many circumstances, we need to use your personal data in order for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you withdraw your consent to our use and/or disclosure of your personal data, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.

3.6 We may receive information about you from third parties such as if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our Website with your profile on those other websites or social media platforms.

3.7 Our Website may provide links to other third party websites. These linked sites are not under our control, so we are not responsible for the conduct of companies linked to our Website. Before you enter information on to those sites, you should look at their privacy policy and terms and conditions of use. We are not responsible for how they collect, use or disclose your personal data.

4. The purposes for which we collect, use or disclose your personal data

4.1 ELITE COACH and the ELITE COACH Group of companies, will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:

  • (a) processing and/or dealing with your interest in our products and/or services;

  • (b) considering, processing, dealing with and/or managing, your booking, reservation, request/application for, of or your purchase of, our membership, products and/or services (the “Transaction”);

  • (c) facilitating, processing, dealing with, administering and/or managing Transaction(s) by or with you;

  • (d) administering, facilitating, managing, processing and/or dealing with your relationship with us, your transaction(s) with us, your being our member or loyalty card member, any transactions or activities carried out by you on the Website or at our premises/establishments or with us, your requests, including but not limited to dealing with your adhoc queries, requests or bookings, dealing with your preferences, dealing with your membership needs, dealing with your delivery needs, processing orders and payment transactions, implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a reservation or transaction that includes third party individual(s) or on behalf of third party individual(s) or for third party individual(s), you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name). Further, if any of our classes, services, products and/or programmes that you sign up for or indicate an interest in, is run by a third party service provider, you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name);

  • (e) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Website, including identifying you for login to the Website, our portals and other online services provided by or on behalf of us. Without limiting the generality of the foregoing, if you:

    • (i) gain access to or sign in to the Website, using your login credentials of a Social Networking Site, or

    • (ii) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Website,

it may result in information or your personal data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your personal data;

  • (f) monitoring, processing and/or tracking your use of the Website in order to provide you with a seamless experience, facilitating or administering your use of the Website, and/or to assist us in improving your experience in using the Website;

  • (g) administering, facilitating, processing and/or dealing in any transactions, payments, or activities carried out by you on the Website or at our premises or with us;

  • (h) providing services to you as our customer, as a member of our loyalty programme(s)/card programme(s)/rewards programme(s)/member programme(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;

  • (i) registering you as a customer of any of our products or services, and/or to deal with, process and/or administer the account that you may open with us, whether a membership account or otherwise, including to facilitate your transactions or activities at our premises, the Website, or your transactions or activities with us;

  • (j) carrying out your instructions or responding to any enquiry or complaint given by (or purported to be given by) you or on your behalf including responding to your enquiries and complaints; or responding to or dealing with your interactions with us or your requests; or responding to or dealing with your feedback, comments or reviews. If you have contacted us with any complaints, feedback, comments, suggestions, we will use and disclose your personal data (including your contact history) to respond to you and provide you with the best service possible. If you are the complainant and you do not want us to disclose your identity to the party you are complaining about, you must let us know immediately. However, it may not always be possible to handle your complaint on the basis of anonymity;

  • (k) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for one or more of the Purposes stated herein. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

  • (l) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback”) that you provide, to Social Networking Sites, to the Website or to us (including at our premises), with other users of the Website or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business, products or services of ELITE COACH (and/or of any member of the ELITE COACH Group), and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s patronage decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our (including our affiliates’) annual reports (if any) etc., and/or incorporated as part of ELITE COACH’s (and/or of the ELITE COACH Group companies’) marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public. If you wish to give us your Feedback without it being disclosed to the public, please separately email our Customer Department at contact@elitecoach.com.sg and head the subject of your email with the word “Confidential”;

  • (m) understanding and/or managing your interests, concerns and preferences;

  • (n) carrying out due diligence, statutorily required activities or other screening activities (including background checks, anti-money laundering checks, know your client checks) in accordance with legal or regulatory obligations applicable to us or any ELITE COACH Group company (whether Singapore or other countries), the requirements or guidelines of governmental authorities which we determine are applicable to us (whether Singapore or other countries) or any ELITE COACH Group company, and/or our risk management procedures that may be required by law (whether Singapore or other countries) or that may have been put in place by us or our affiliates/associated companies;

  • (o) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;

  • (p) complying with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Singapore or other countries), with which we or our affiliates/associated companies are expected to comply;

  • (q) complying with or as required by any request or direction of any governmental authority (whether Singapore or other countries) which we or any ELITE COACH Group company are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction;

  • (r) conducting research, (including customer research), surveys, market surveys, analysis and development activities (including but not limited to data analytics, and/or profiling), obtaining your feedback to our products, services or facilities, to :

    • (i) improve or develop our products, services and/or facilities in order to enhance any continued interaction between yourself and us connected or in relation to your relationship with us, the Website, or your Transaction(s);

    • (ii) improve any of our products or services or facilities, whether now or in the future; or

    • (iii) improve our understanding of your interests, concerns and preferences.

Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey or request your feedback, by way of email or postal mail.

  • (s) the conduct of training or training purpose, so as to develop or improve our products or services and/or our staff’s and agents’ services and/or service quality. Without limiting the generality of the foregoing, such training may involve collection, use, disclosure or processing of your personal data including your feedback or comments or reviews;

  • (t) to facilitate and/or ensure the safety and security of our premises, our customers, our staff and/or visitors to our premises; to deal with, handle and/or conduct disciplinary, security, crime prevention and/or quality assurance processes, matters and/or arrangements. Without prejudice to the generality of the aforesaid, we wish to bring to your attention that there are surveillance cameras / CCTVs installed throughout our premises and/or our offices, for security, crime prevention, safety and training reasons and you acknowledge that your personal data (including your video image and/or audio) will be collected by such cameras and processed by us consequently;

  • (u) to identify you as a member and without prejudice to the generality of the latter, we may issue you a photo id which has your photograph on such id and you consent to us placing your photograph on such id;

  • (v) for marketing purpose and in this regard, ELITE COACH (and/or any member of the ELITE COACH Group) would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events (including products, services and/or events of third party organisations with which ELITE COACH (and/or any member of the ELITE COACH Group) may collaborate with) that we (including any member of the ELITE COACH Group) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future, :

    • (i) by way of postal mail, electronic transmission to your email address(es), push notifications, other forms of in-app notifications or harnessing other technologies (such as geo-location technology) for our mobile application(s) on your mobile device(s) or other technologies on your computers, and/or through other modes of communication that is not the 3 DNC Modes in compliance with the PDPA. You may opt out of this or withdraw from this at any time by sending an email to our Data Protection Officer. For the avoidance of doubt, unlike (ii) below, the application of or your acceptance of or your consent to, this Privacy Policy, constitutes your consent to this subparagraph (i);

    • (ii) if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your Singapore telephone number, in compliance with the requirements of the PDPA; and/or

    • (iii) Notwithstanding (ii) above, regardless that you have not separately provided express consent as aforementioned in (ii) above, ELITE COACH or an ELITE COACH Entity, as the case may be, reserves its right to send a specified fax message (as defined in Singapore’s Personal Data Protection (Exemption from Section 43) Order 2013) (the “Exemption Order”) and/or a specified text message (as defined in the Exemption Order) (i.e. a marketing fax message or marketing text message) to your Singapore telephone number, if:

      • (1) there is an ongoing relationship between ELITE COACH (or the ELITE COACH Entity, as the case may be), and you, and the purpose of the message is related to the subject of the ongoing relationship, pursuant to the requirements and conditions of the Exemption Order; or

      • (2) the law permits.

For the avoidance of doubt, this subparagraph is without prejudice to subparagraph (r) above for which you have hereby consented to us contacting you for a survey, which you may subsequently opt out of by sending our Data Protection Officer notice;

  • (w) storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Singapore;

  • (x) maintaining and/or developing our IT or business systems and infrastructure including testing and upgrading of these systems;

  • (y) creating reports with respect to your Transaction(s) and/or transactions that we have with our customers;

  • (z) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of ELITE COACH and/or of the ELITE COACH Group, Transaction(s), and/or our transactions with our customers;

  • (aa) anonymization of your personal data. In this regard, you acknowledge that personal data that has been anonymized is no longer personal data and the requirements of the PDPA would no longer apply to such anonymized data;

  • (bb) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves ELITE COACH as a participant or involves only a related corporation or affiliated company of ELITE COACH as a participant or involves ELITE COACH and/or any one or more of ELITE COACH’s related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;

  • (cc) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of ELITE COACH or of its affiliates/related corporations;

  • (dd) ELITE COACH’s or ELITE COACH Group’s reporting purposes including but not limited to reporting on ELITE COACH’s business performance; and

  • (ee) to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of ELITE COACH;

  • (ff) to manage and/or deal with any monies or outstanding fees owed by you to us;

(the purposes set out in this paragraph 4.1 above shall be collectively referred to as the “Purposes”)

4.2 You may withdraw your consent for us to process your personal data for marketing purpose mentioned at paragraph 4.1(v) above at any time via one of the following relevant methods:

  • clicking the Unsubscribe button located at the bottom of our emailers.

  • contacting us or our Data Protection Officer through email (please refer to the contact details below).

  • speaking to a Membership Executive at any ELITE COACH locations who will provide you with further simple instructions on how to effect such withdrawal.

4.3 We may/will need to disclose your personal data to third parties, whether located within or outside Singapore, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside Singapore) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 4.1, such third parties include :

  • (a) our associated or affiliated organisations or related corporations, or any member of the ELITE COACH Group;

  • (b) any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to trainers, fitness instructors, those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies, data centres, hosting and maintenance service providers, analysis services service providers, e-mail messaging services service providers, delivery service provider, handling of payment transactions service providers, marketing service providers, delivery services, debt collection services, handling of payment transactions, solvency check and address check;

  • (c) our professional advisers, for example, our auditors and lawyers, as well as our insurers;

  • (d) third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes. Without limiting the generality of the foregoing, such third parties to which we may/will disclose your personal data include payment, finance companies or banks including credit card companies; and

  • (e) any actual or proposed assignee or transferee of the business of ELITE COACH, or a merged entity in the event ELITE COACH is merged to create the said merged entity.

4.4 We may share your information with any member of the ELITE COACH Group, which may be based in countries other than Singapore, from time to time for one or more of the Purposes.

4.5 Should you provide us with personal data of your child or children, you confirm, declare and agree that you are the parent and/or legal guardian of such child/children, and that we may collect, use and/or disclose your child’s or children’s personal data for the Purposes set out at paragraph 4.1 above and in the manner as set out at paragraphs 4.1 to 4.4 above.

4.6 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by emailing us at contact@elitecoach.com.sg We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request, unless an exception under the law or a provision in the law permits us to. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal, including us being unable to perform the transactions requested by you or the termination of your relationship with us (depending on the extent of your withdrawal), as the case may be.

4.7 We may collect, use, disclose or process your personal data for other purposes that do not appear above. However, we will obtain your consent before doing so and notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law.

4.8 To the extent permitted by law, we may/will also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes. We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the Purposes set out above (depending on the types of information we receive).

4.9 We take reasonable steps to ensure that any personal data we collect, disclose and use is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, it is important that you advise us of any changes to your personal data or if there are any errors in the personal data we hold about you. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.

5. Provision of third party personal data by you

5.1 Should you provide us with personal data of any individual other than yourself, you represent, undertake and warrant to us that :

  • (a) for any personal data of individuals that you disclose to us, you would have prior to disclosing such personal data to us obtained consent from the individuals whose personal data are being disclosed, to :

    • (i) permit you to disclose the individuals’ personal data to ELITE COACH and the ELITE COACH Group for the Purposes; and

    • (ii) permit ELITE COACH and the ELITE COACH Group to collect, use, disclose and/or process the individuals’ personal data for the Purposes;

  • (b) at our request, you will use such form(s) or document(s) provided by us in obtaining such consents from the individuals in question (for the avoidance of doubt, we are under no obligation to you to create any such form(s) or document(s));

  • (c) any personal data of individuals that you disclose to us are accurate; and

  • (d) for any personal data of individuals that you disclose to us, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to ELITE COACH and the ELITE COACH Group and for ELITE COACH and the ELITE COACH Group to collect, use, disclose and process such personal data for the Purposes.

6. Web analytics by Google Analytics

6.1 Our Website and mobile or web-based applications may contain web analytic services provided by Google Analytics. This means that when you visit our Website or use any mobile or web-based applications, a cookie will be stored on your computer or mobile device, except when your browser settings do not allow for such cookies.

6.2 This further means that when you visit our Website or use any mobile or web-based applications, your personal data including the “click-stream data”, the data from “web beacons and tracking links” and information stored in Google Analytics’ cookies – will be sent to Google Analytics for analysis for and on behalf of us. Please note that if you have created an online profile at our Website or mobile or web-based application and if you are logged on in this profile, a unique number identifying this profile will also be sent to Google Analytics in order to be able to match the web analytics data to this profile.

6.3 Google Analytics acts as our agent, which means that we solely determine the purposes for which the data is being used. You can find out more about the relationships between Google Analytics and us in the Google Analytics’ privacy policy.

6.4 If you do not wish information about your behaviour at our Website or any mobile or web-based applications being collected and assessed by Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) to not send your site visit information to Google Analytics. The browser add-on is available for most modern browsers.

7. Security and how do we store personal data?

7.1 Security of your personal data is important to us. We will put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.

7.2 We will put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.

8. Rights

8.1 You have the right to access and/or correct personal data that we hold about you, subject to exceptions under the law. This right can be exercised at any time by emailing us at [insert email address]. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. With respect to your access request, we may charge a fee in order to process it.

8.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.

8.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.

8.4 We hold and deal with your personal data in accordance with the PDPA.

9. Complaint Process

9.1 If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.

9.2 Please contact us with your complaint or grievance by emailing us at contact@elitecoach.com.sg

9.3 Where you are sending an email in which you are submitting a complaint, your indication at the subject header that it is a PDPA complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “PDPA Complaint”.

9.4 We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.

10. General

10.1 Your consent that is given pursuant to this Privacy Policy is additional to and does not supercede any other consents that you had provided to ELITE COACH with regard to processing of your personal data.

10.2 For the avoidance of doubt, in the event that Singapore personal data protection law permits an organisation such as us to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.

10.3 If you have any queries on this Privacy Policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Officer at: contact@elitecoach.com.sg