WESTGATE SHOPPING MALL LIMITED T/A “W EXCLUSIVE WELLNESS & FITNESS GYM”
PRIVACY POLICY
(Note: All capitalized terms herein have been defined at the end of this Privacy Policy as applicable)
This Privacy Policy sets out how your Personal Data will be Processed by/on behalf of Westgate Shopping Mall Limited T/a “W Exclusive Wellness & Fitness Gym” (hereinafter referred to as “W Exclusive”) when you interact with this Website or access the Services herein and applies to any Personal Data including Sensitive Personal Data you give to W Exclusive via the Website, or which W Exclusive may collect from third parties.
It is important that you read this Privacy Policy carefully before submitting any Personal Data to W Exclusive.
By submitting any Personal Data to W Exclusive you provide consent to the Processing of your Personal Data as set out in this Privacy Policy.
The provisions of this Privacy Policy are subject to the Data Protection Act, 2019 and its subsidiary legislation.
Please do not submit any Personal Data to W Exclusive if you do not agree to any of the provisions of this Privacy Policy. If you do not consent to the provisions of this Privacy Policy, or parts of the Privacy Policy, W Exclusive may not be able to (i) provide its products and services to you, and/or (ii) provide third party products and services to you.
Related Documents
Where appropriate under the applicable circumstances, this document links to, or should be read in conjunction with, the following documents also available on this Website:
The Website Terms and Conditions of Use
The Cookie Policy
The Booking Policy
Contact Page
The Privacy Policy
This Privacy Policy describes the types of Personal Data that W Exclusive may collect about you, the purposes for which W Exclusive uses the Personal Data, the circumstances in which W Exclusive may share the Personal Data and the steps that W Exclusive takes to safeguard the Personal Data to protect your privacy.
As used throughout this Privacy Policy, the term “W Exclusive”, “us” or “we” or “our” refers to Westgate Shopping Mall Limited T/a “W Exclusive Wellness & Fitness Gym” and/or its duly appointed Data Processor where applicable. By engaging with us, you are accepting and consenting to the practices described in this Privacy Policy.
1. Personal Data
Any Personal Data provided to or gathered by W Exclusive from the Website is controlled by Westgate Shopping Mall Limited (the Data Controller), a limited liability company incorporated in the Republic of Kenya under Company Registration Number PVT/2016/031131 whose address is care of Post Office Box Number 25552 - 00603 Nairobi in the said Republic. Such Personal Data is then Processed by its duly appointed Data Processor.
2. What Personal Data does W Exclusive collect?
Sensitive Personal Data: By providing Sensitive Personal Data to us, you consent to our using it in the manner set out in this Privacy Policy.
When you access our Website on any Device or online platform or contact us via the details set out in our Contact Page or contact section as detailed hereinbelow, we collect, store and use certain Personal Data that you disclose to us. This includes details such as your name, email address, telephone number, mobile phone number, Account login credentials for Gym Members, traffic data, web logs and other communication data, IP address, Device information, cookies, browser type, browser version, the pages of our Website that you visit, operating system, the time and date of your visit, the resources that you access and other diagnostic data. If you contact us, we may keep a record of that correspondence.
Surveys: We may ask you to complete surveys for research purposes from time to time, although you do not have to respond to them.
3. What do we do with Personal Data collected from you?
We use your Personal Data for the following or related purposes:
To provide the Services to you as further defined at the end of this Privacy Policy;
To facilitate payment processes with third party payment providers and any payments or refunds that may be due to you from us where applicable;
To facilitate and manage online bookings in relation to Services offered at the Gym and ensure that booked classes and sections are ready for use as per the submitted booking details;
To facilitate scheduled orientations and physical tours of the Gym;
To publicize upcoming events held by or in relation to the Gym and enable for registration of the same;
To administer, manage and allow access to Gym Member Accounts and records via the Gym Members portal;
To prevent or detect fraud or abuses of our Website;
To enable third parties to carry out technical, logistical or other necessary functions required for provision of the Services on our behalf;
To continuously profile and assess our membership database in order to improve the service offering provided to Gym Members and those interacting with our Website;
To update Personal Data in our records;
To provide communication which affects access to any of the Services on the Website;
To improve Website performance and user experience.
4. What about Cookies?
Cookies are alphanumeric identifiers that we transfer to your Device’s hard drive through your web browser to enable our systems to recognise your browser and to automatically collect Personal Data from your Device such as your IP address and other details about your Device which are automatically collected by our web server, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns and does not identify any individual. The browser settings will allow you to reject, modify or disable cookies altogether. However, because cookies allow you to take advantage of some of the Website’s essential features, we recommend that you leave them turned on. Disabling or blocking Cookies may prevent you from accessing certain sections of the Website, impair functionality, or result in an inability to use the Website altogether. If you do leave cookies turned on, be sure to sign off when you finish using a shared Device. We use cookies:
To estimate our audience size and usage pattern.
To store Personal Data about your preferences and so allow us to customise our Website according to your individual interests.
To speed up your searches.
To recognise you when you return to our Website.
Further details on cookies are provided in the Cookie Policy.
5. Does W Exclusive share the Personal Data it receives?
Your Personal Data is an important part of our business and we do not sell it to others. W Exclusive shares your Personal Data only as described below.
To Third Party Service Providers: We engage other companies and individuals to perform functions on our behalf. Examples include sending postal mail and email, managing legal and financial communications, facilitating payment modalities, deleting repetitive Personal Data from our records and analysing Personal Data. Third party service providers have access to Personal Data needed to perform their functions, but may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Policy and as permitted by Kenyan data protection legislation.
To Regulators or State Departments, including tax authorities, when legally required or permitted to do so in terms of applicable laws.
To comply with the law or protect the rights, property or safety of W Exclusive, our Gym Members and Website users.
Personal Data is shared on a confidential basis, and unless you have consented otherwise, under no circumstances is the third party entitled to make any communication to you, or make any further transmission of your Personal Data, as a result of our sharing your Personal Data with them.
Other than as set out in this Privacy Policy we will not share your Personal Data for any other purposes without your consent, unless we are required to do so by law. You will receive notice when Personal Data about you might go to third parties and you will have an opportunity to choose not to share the Personal Data.
6. Your promise to give us accurate Personal Data
You agree to give us accurate Personal Data and to update us in writing if it changes. You also agree to fully indemnify us from any losses, damages or harm that may result in us relying on any inaccurate Personal Data provided by you to us or collected by us from third parties.
7. Storage of Personal Data
We retain your Personal Data only for as long as necessary for the purposes described above, or as required by law.
8. Your Rights
You have rights to:
Access Your Personal Data.
Correct inaccurate Personal Data.
Request deletion of your Personal Data.
Withdraw consent to processing of your Personal Data.
Object to processing of your Personal Data.
9. How secure is my Personal Data?
We maintain electronic and procedural safeguards in connection with the collection, storage, Processing and disclosure of your Personal Data.
We have adopted the following security measures regarding the safety of your Personal Data on interaction with our Website, as follows:
Hypertext Transfer Protocol Secure (HTTPS)
Encryption
Access controls
For Personal Data collected in respect of users below eighteen (18) years of age, We have configured the Website such that the same incorporates appropriate mechanisms for age verification and consent in order to Process such Personal Data as required under Section 33 of the Data Protection Act, 2019.
10. What about links to other websites?
Our Website may include links to other websites. We do not provide any Personal Data to these advertisers or third-party websites. Please contact them directly for more information about their privacy practices.
11. What choices do I have (opt out)?
You can always choose not to provide your Personal Data to us, but we may then not be able to provide our products or Services to you. If you do not want to receive any communications from us, tick the opt-out box in the Website Terms and Conditions of Use page and let us know in writing via the details set out in our Contact Page or as detailed in our contact section hereinbelow. We will then only send such communications to you if we are legally entitled or obliged to do so. However, please note, if you do not want to receive legal notices from us, such as this Privacy Policy, those notices will still govern your interaction with this Website and it is your responsibility to review them for changes.
12. Notices and Revisions
If you have any concern about your data privacy on interaction with this Website, please e-mail us a thorough description and we will try to resolve the issue for you. This Privacy Policy will also change from time to time. We may e-mail periodic reminders of our notices and conditions subject to your prior consent, but you should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all Personal Data that we have about you and your Account.
13. Contact
For data privacy‑related queries and concerns, contact us:
•By email: info@westgate.co.ke
•By visiting this page on our website: https://www.wgym.co.ke/contact
•By phone number: +254715557775
14. Definitions
For the purposes of this Privacy Policy:
“Account” means a unique online account created for each registered Gym Member to access our Website including the Services we offer.
“Data Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of Personal Data.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller.
"data subject" means an identified or identifiable natural person who is the subject of Personal Data.
“Device” means any device that can access the Website such as a computer, a cell phone or a digital tablet.
“Gym” means the “W Exclusive Wellness & Fitness” Gym facility operating on portions of the third (3rd) and fourth (4th) floors of Westgate Shopping Mall.
“Gym Member” means a registered member of the Gym.
“Personal Data” is any information that relates to an identified or identifiable individual.
“Processing" means any operation or sets of operations which is performed on Personal Data or on sets of Personal Data whether or not by automated means, such as (a) collection, recording, organisation, structuring; (b) storage, adaptation or alteration; (c) retrieval, consultation or use; (d) disclosure by transmission, dissemination, or otherwise making available; or (e) alignment or combination, restriction, erasure or destruction and the word “Processed” shall be construed accordingly.
“Sensitive Personal Data” means data revealing the natural person's race, ethnic social origin and sex.
“Services” refers to the dance, cycling, cross training, boxing, swimming, padel and squash classes offered by us at the Gym, timetables and online bookings with Gym trainers in respect thereof, bookings by Gym Members for reservation of Gym spaces (padel courts), bookings for orientation of new Gym Members and notification of upcoming Gym events including redirecting of processing of payments in relation thereto.
“Website” refers to this website, accessible from https://wgym.co.ke/
“you” means the individual accessing or using the Services on the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Services on the Website, as applicable.
Westgate Shopping Mall Limited T/a “W Exclusive Wellness & Fitness Gym” – Privacy Policy