Privacy Policy

We are Labours of Hercules Ltd (CRN: 11273134) trading as MagicMountain.

Our registered address is 64 New Cavendish Street, London, England, W1G 8TB.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us at privacy@magicmountain.app.

Our EU Representative is: Jonathan Pass who can be contacted at Privacy@magicmountain.app

1.              How do WE USE YOUR data?

When you create a MagicMountain account on the App. When you create a Magic Mountain account we will collect your name, profile photo, email address and your paired devices. We do this to take steps to enter into a contract with you and to provide you with our service as well to customise your experience on the App.

Where you choose to sync your MagicMountain account with your various third party social media accounts (including Facebook) we may also collect your social media handles, email address linked to your relevant account and profile picture. We do this in order to provide you with our service and perform our obligations under the contract between us.

When you record an activity using your MagicMountain account. When you record an activity, such as the type and time of exercise being performed and metrics (active calories burned) associated with that exercise we may collect photos, videos, details of workouts, written comments, messages and other content you share on the App. We do this under our legitimate interest to ensue your experience with the App is as you expect it to be (and better!). Where you enter virtual competitions via the App we may also share your data with third party providers – we explore this further in section 2 of this policy.

Where we collect health related-data as part of your activity, we will only do so where you provide us with your consent. Please keep in mind that where you do not provide us with your health data, you will still be able to use the App.

When you contact us. When you contact us either by phone, email or via social media with general queries, we will usually collect your name, social media handle and contact details, because it’s in our legitimate interest to make sure we can properly respond to your query.

When you receive our news updates. We will handle your personal information (such as your name and email address) to provide you with our news updates in line with any preferences you have told us about.

When we send you our news updates because you have opted-in to receive them, we rely on your consent to contact you. If you have not opted-in and we send you our news updates emails, we do this because of our legitimate interest to promote our business.

You can unsubscribe from our updates at any time by clicking the unsubscribe link at the bottom of any of our emails, or by emailing privacy@magicmountain.app.

Technical information when you use of our App. When you consent, we collect information about how you use our App. We use this information to improve our website and to better understand how people use it. More detail on the information we collect and how we do this is set out in our cookie policy below.

If our business is sold. We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the buyer of our business may not be able to provide services to you.

2.              WHO DO WE SHARE YOUR DATA WITH?

– Personal trainers, gyms & coaches. We will share your personal data with your personal trainer where you have been recommended by them to use our platform.

– Your employer. Where you have joined MagicMountain as part of an employment led initiative by your employer, we may share details of your account and usage with your employer.

– Competition partners. Where you enter a competition via the App run by a third party event organiser, we will share your account data including name, calories burnt, timing and type of workout as well as email address in order for our event partner to sign you up to take part and run the event. We do this in order to provide you with the features you expect upon signing up to our platform. Where the event is a public event, your name and competition progress will also be accessible by other competitors.  

– Regulators/ Authorities/ Enforcement Agencies if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

Prospective buyers of our business under our legitimate interest to ensure our business can be continued by the buyer.

3.              COOKIES

Our site uses cookies to distinguish you from other users of our App. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer’s browser or hard drive if you provide your consent.

CookiePurposeDuration
_fbpThis cookies is used by Facebook to deliver adverts/ products such as real time bidding from third party advertisers.90 days
_gaThis cookie used as part of Google Analytics and is used to monitor visitor browser habits. 2 years
_gidThis cookie used as part of Google Analytics and is used to distinguish users. 24 hours
_gat_gtag_UA_1537825.This cookie used as part of Google Analytics and is used to monitor visitor browser habits. 1 minute
_frPlace by Facebook, this enables ad delivery or retargeting.3 months


You can block cookies 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.

4.            WHERE IS MY DATA STORED?

We store your data in the United Kingdom and the European Union.

We also use subcontractors based around the world to help us provide our services. Whenever we transfer your personal information outside of the UK and the EU, we ensure it receives additional protection as required by law. To keep this privacy policy as short and easy to understand as possible, we haven’t set out the specific circumstances when each of these protection measures are used. You can contact us at privacy@magicmountain.app for more detail on this.

5.         HOW LONG DO WE KEEP YOUR DATA FOR?

We will only retain your personal information for as long as we need it unless we are required to keep it for longer to comply with our legal, accounting or regulatory requirements.

In some circumstances we may carefully anonymise your personal data so that it can no longer be associated with you, and we may use this anonymised information indefinitely without notifying you. We use this anonymised information to analyse our programmes and support other similar programmes around the world.

WHAT ARE MY RIGHTS UNDER DATA PROTECTION LAWS?

You have various other rights under applicable data protection laws, including the right to:

•           access your personal data (also known as a “subject access request”);

•           correct incomplete or inaccurate data we hold about you;

•           ask us to erase the personal data we hold about you;

•           ask us to restrict our handling of your personal data;

•           ask us to transfer your personal data to a third party; 

•           object to how we are using your personal data; and

•           withdraw your consent to us handling your personal data.

You also have the right to lodge a complaint with your relevant supervisory authority, you can find which one applies to you here.

Please keep in mind that privacy law is complicated, and these rights will not always be available to you all of the time.

QUESTIONS, COMMENTS AND MORE DETAIL

Your feedback and suggestions on this policy are welcome.

We’ve worked hard to create a policy that’s easy to read and clear. But if you feel that we have overlooked an important perspective or used language which you think we could improve, please let us know by email at privacy@magicmountain.app.

This privacy policy was last updated on 16 March 2021.