We hate legal jargon. However, our moms asked us not to get sued. For your reading pleasure, here’s some important info that has to do with your privacy and rights, our privacy and rights, and how we can all get along nicely and look out for each other.
(Looking for our Terms and Conditions Statement? It’s equally riveting. Read that here.)
Fathom Performance is a private company limited by shares with registered company number SC655292 through Companies House (UK). Fathom respects your privacy and is committed to protecting your personal data. At all times we aim to respect any personal information you share with us, or that we receive from others, and keep it safe. This Policy sets out our data processing practices and your rights and options regarding the ways in which your personal information is used and collected.
By engaging with this website or the Fathom brand in any way (browsing, becoming a member, or otherwise), you are agreeing to comply with (and be legally bound by) the following terms and conditions of use. These terms and conditions govern the relationship between Fathom and yourself. If you disagree with any part of these terms and conditions, please do not use our website or engage with the Fathom brand. If that’s the case, don’t worry – no hard feelings on our end.
This Policy contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information. The provision of your personal information to us is voluntary. Without providing us with your personal information, your use of our services or your interaction with us may be impaired. For example, your organisation will be unable to sign up for use of the Fathom Performance application and we will be unable to provide you with technical assistance.
We may change this Policy from time to time by updating this page. You are encouraged to check this page periodically to ensure that you are satisfied with any changes. This Policy is effective starting 21st February 2020.
The information we may collect could include, but not be limited to, the following: Name; contact information including email address; demographic information; payment information in the case of purchasing services or use plans; geographic information; or other information relevant to customer engagement, needs, and/or offers.
Fathom may obtain information in the following ways:
In general, we may combine your personal information from these different sources set out above for the purposes set out in this Policy.
We collect this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We retain certain information about your account in perpetuity.
We do not share, sell or rent your personal information to third parties for marketing purposes. However, we may disclose your personal information to selected third parties in order to achieve the purposes set out in this Policy. These parties may include (but are not limited to):
In particular, we reserve the right to disclose your personal information to third parties in the following cases:
The Fathom platform enables users – in the form of both individuals, entities, and organisations – to do the following:
This means that the Fathom platform makes it possible for you to see and access others’ personal information, and/or to share your personal data with others.
While it does not condone illicit, harmful, deceptive, or unfitting use of your personal information in any way, Fathom is not liable for the actions or behaviors of independent individuals, entities or organisations that use the Fathom platform to acquire your personal information. It is the responsibility of each user to share their information only with individuals, entities, or organisations they trust.
Fathom beseeches every user of its platform to perform due diligence to protect any person’s personal information that is obtained through the Fathom platform and to only use others’ personal information in ways that will benefit or not harm them.
While Fathom will not be held responsible for inappropriate uses of either the Fathom platform or any personal information obtained through its use, Fathom reserves the right to, when possible and in line with its legitimate interests (see “Legitimate Interests” section below), support any user that has been wronged by another user through abuse of the Fathom platform through appropriate action.
We are committed to protecting your information. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Under the UK GDPR we will rely on one or more of the following legal bases for processing your personal data:
Our “legitimate interests” means our interest in ensuring that the Fathom organisation operates safely, efficiently, and effectively as a software and consulting solution. In assessing our legitimate interests, we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We will not use your personal information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive (unless, for instance, we are otherwise required or permitted to by law).
Where we collect and/or use special categories of your personal information, we are required by the UK GDPR to rely on at least one from an additional set of conditions. We consider the conditions below to be relevant:
Fathom is a UK-incorporated organisation. However, our team, servers and equipment are international and thus also located in the United States. This means that your data may be stored on servers that are located internationally. Because we may also use agencies and/or suppliers to process personal information on our behalf and we have customers based around the world, it is possible that personal information we collect from you will be transferred to and stored in a location outside the UK. And regardless of your location, it is also possible that your data will be stored in a country outside your own.
Whenever we store your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Unfortunately, no transmission of your personal information over the internet can be guaranteed to be 100% secure – however, once we have received your personal information, we will use strict procedures and security features to try and prevent unauthorised access. Please contact us if you want further information on the specific mechanism used by us when storing or transferring your personal data out of the UK.
We will work to only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In general, unless still required in connection with the purpose(s) for which it was collected and/or processed, we remove your personal information from our records six years after the date it was collected. However, if before that date (i) your personal information is no longer required in connection with such purpose(s), (ii) we are no longer lawfully entitled to process it or (iii) you validly exercise your right of erasure (please see “Right of erasure” below), we will remove it from our records at the relevant time.
If you request to receive no further contact from us, we may keep some basic information about you on our suppression list in order to comply with your request and avoid sending you unwanted materials in the future.
Under certain circumstances, you have the right under data protection laws in relation to the use of your personal data. These rights include:
If you wish to exercise any of the rights set out above, please contact us using the contact form on our website (reachable at https://www.fathomperformance.com/get-in-touch/).
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 to cover administrative expenses or time spent if your request is clearly unfounded, repetitive or excessive. Alternatively, we could 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 could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We encourage you to raise any concerns or complaints you have about the way we use your personal information by contacting us using the contact form on our website. You are further entitled to make a complaint to the Information Commissioner’s Office – www.ico.org.uk.
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We may use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We use this information for statistical analysis purposes and then the data is removed from the system.
Cookies can help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. So that you are aware, this may prevent you from taking full advantage of the website.
We may update this Policy from time to time. We will notify users of significant changes when reasonably possible for us to do so and by placing an updated notice on our website. This Policy was last updated December 2021.
We link our website directly to other sites. This Policy does not cover external websites and we are not responsible for the privacy practices or content of those sites. We encourage you to read the privacy policies of any external websites you visit via links on our website.
Please let us know if you have any questions or concerns about this Policy or about the way in which Fathom processes your personal information by contacting us through the contact channels available on this website.
This website and its content is copyright of FathomPerformance.com. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
If you have any questions or comments regarding this agreement or the website, feel free to contact us at https://www.fathomperformance.com/get-in-touch/.