1. Who is responsible for processing your Personal Data?

Fit Wāhine ATR Aotearoa Ltd (NZBN 9429048963381) and its affiliates is the “data controller” (i.e., the organisation responsible) for all Personal Data that is collected and used via the Platform for the purposes of data privacy laws, principles, and regulations which may apply to you (including the Privacy Act 2020 ) (“Privacy Act“), and the applicable New Zealand Privacy Principles under the Privacy Act. 

2. What Personal Data do we collect (including by automated means)? 

We may ask for and collect your Personal Data (either directly through your use of the Platform or when you communicate with us in any other way, or indirectly through our third party partners or providers) in a number of ways to provide you with the products or services that you request – please refer to Section 3 below for more information on how we use your Personal Data. We may also collect information from you automatically when you visit our Platform – for more information. 

“Personal Data” has the meaning given in the Data Privacy Law applicable to you, and includes any information or opinion relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, postal address, email address, details of products or services you have purchased, payment details and information about your access to our website. 

Specifically, we may (either directly or indirectly) collect the following categories of Personal Data: 

• first and last names, email address and date of birth (these are mandatory information which we require when becoming a member on the Platform (“User Account”)); 
• other information such as country of residence and gender, home address and telephone number; 
• Emergency contact details you provide to us such next of kin, telephone number, and residential address. 
• information you provide about yourself and any preferences in your User Account; 
• information about yourself which you choose to post or share in our Forums; 
• information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform; 
• payment information, such as your credit card, if you purchase something directly on the Platform (like an e-book); 
• information about your use of the Platform; 
• communications with us or directed to us via letters, emails, chat services, calls, and social media; 
• where you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms), your photos, audio, contacts and calendar information, as well as your social network information (including credentials and any information from your public posts about Fit Wāhine Aotearoa or your communications with us); 
• when you have elected to sign up and log into the Platform using a third-party account you created (e.g. through Facebook or Apple), the information you have agreed to make available to us (e.g. name, email address, profile information, preferences); and 
• your location where:
  • the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings); and  
  • you elect to use location-based features on the Platform (in particular, any future Apps) and turn on the location services settings on your device or computer (e.g. GPS and/or Bluetooth) so that we can track your real-time geographic location to record your fitness activities (for example, your running route). 

Health Information – Users may choose to enter health information into our App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. Fit Wāhine Aotearoa may use or otherwise infer information about your health, including information about your medical conditions or requirements, as well as data on your physical characteristics from this information. 

Linked Devices – Users may choose to connect a third-party device (like an Apple Watch or fitness tracker) and enable that device to share location data (e.g. running route), fitness activity, or health information (e.g. heart rate, steps, water intake) it collects with the App. You can manage what data your device shares with our App in the settings panel or relevant application (e.g. Apple Health) on that device. 

Children – Users must be of legal age in their respective countries and not under 16 years old, or you must have consent from your parent or guardian. Individuals are not allowed to sign up for a Membership on the Platform without verifying that they are 16 years or older. If you are a parent or legal guardian of a child who is under 16 years old who you believe has provided Personal Data to Fit Wāhine Aotearoa, please contact us at [email protected] if you want to exercise any of the rights available under applicable Data Privacy Law.  

3. Why and how do we use your Personal Data? 

Your Personal Data may be used for the following purposes: 

• 3.1 Provide features of the Platform and the products and services you request:

We use the Personal Data you give us to provide the Platform and the products and services you request, including: 

• to create and set up your Membership; 
• to fulfil any orders for products that you place on the Platform, including communicating with you about the orders and processing information for our internal accounting, billing and audit purposes; 
• if you use the Platform to track your fitness activity, we will collect and store this information so that you can review it on the Platform and track your progress. We may also use this information to calculate further information about your activity so that this can be provided to you as part of the functionality of the Platform; 
• if you choose to post in the Forum, the information that you share will be public information that can be accessed by anyone whether or not they are a part of the Fit Wāhine Aotearoa community. As the information posted to the Forum is public information, it will also be indexed and accessible via third party internet search engines, websites and apps. 

• 3.2 Communicate information about our products and services and for other promotional purposes: 

With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information that we believe is of interest to you, prior to, during, and after your interactions with us, including marketing communications and news concerning our products, services, events and other promotions. You can opt-out at any time after you have given your consent to such communications. In providing tailored promotional materials to you, Fit Wāhine may use the personal information collected through your use of the Platform, such as the user preferences you set and profile data you submit, any fitness activity data generated through your use of the Platform, and any medical conditions or dietary preferences that you have identified to us. 

• 3.3 Customer service communications: 

we use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). From time to time, we may also conduct customer surveys to gauge satisfaction with our Platform and the services and products that we provide. 

• 3.4 Administrative or legal purposes: 

We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of our Platform, or in order to deal with a dispute or claim. We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of our Platform interact on our website, where they are located, how long they stay on our website, what they view while on our site, and if they interact directly with us.  This type of analysis allows us to better understand our target demographic. 

• 3.5 Security, health, administrative, crime prevention/detection and legal purposes: 

We may use your Personal Data to verify your information and identity and to protect against, identify and prevent fraud and other unlawful activities. We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Privacy Law. 

• 3.6 Other purposes: 

We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law. 

We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data. In most cases we will need to process your personal data so that we can enter into contracts with you under our terms of use (when orders for products are made), and to fulfil the provision or delivery of goods or services to you on the Platform (including memberships to the Platform). 

Our processing of your Personal Data for the above purposes is done pursuant to the following legal basis: 

• to comply with a legal obligation; 
• the processing is necessary for the performance of a contract with you, such as providing you with our services on the Platform; 
• if it is in our legitimate interests to do so as a business (e.g., for administrative purposes or to improve the functionality of our Platform); 
• where you have consented to our using your personal data (e.g., for the collection of data pertaining to your health status or marketing related uses); 
• where you have made such information public; and 
• to protect your vital interests or those of another person (e.g. in case of a medical emergency). 

Where we receive your Personal Data as part of providing our services to you based on a contract, we require such Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide our services to you. 

Personal details including about your nationality or physical or mental health are considered “sensitive” Personal Data under applicable Data Privacy Law. We will process any such data only if you have given your explicit consent, or it is necessary (for instance, if you request special assistance), or if the sensitive Personal Data has been manifestly made public by you (e.g., by posting information about your health/fitness status in our Forums), or otherwise in compliance with applicable Data Privacy Law. 

The Platform may require information about your physical health to provide certain functions or services, including when you use or interact with a wearable or other connected device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or not function properly. 

4. How do we protect and manage your Personal Data (including international transfers and retention periods)? 

• 4.1 Encryption and security 

We follow strict security procedures in the storage and disclosure of your Personal Data, which are designed to protect it against misuse, unauthorised access, modification or disclosure and accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting Personal Data and credit card details so that they can be securely transferred over the internet. 

• 4.3 Retention of your Personal Data 

We will not retain your data for longer than is necessary to fulfil the purposes for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means. 

We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made. 

In general, this means that we will likely keep your Personal Data for as long as your Membership is open. Following closure of your Membership, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with you again, and to comply with our internal processes and any legal obligations. 

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can fully anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you. 

Information that you have shared in the Forum will remain public even after you have closed your Forum account. Where you choose to delete content that you have posted to the Forum, the information will not be deleted from third party websites, apps or internet search engine indexes instantly as removal of the content depends on third party policies. 

5. Who do we share your Personal Data with? 

We may share your Personal Data with the following people for the purposes described in this Privacy Policy: 

• other companies and members within the Fit Wāhine Aotearoa group; 
• where you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms), other Users of the Platform; 
• our trusted third party ancillary partners (identified on our website), who may offer products and services on or through our Platform. If you choose to purchase products or services offered on our Platform by third parties, you may be a customer of both Fit Wāhine Aotearoa and these third parties, and we and our partners may collect and share information about you, such as your contact details and your billing information. We are not responsible for third parties’ use of your personal data where such use is permitted for their own purposes. You should consult their privacy policies for further information; 
• third party social media platforms in various circumstances, including where: 
• you are able to access third party social media services through our Platform or before coming to our Platform; 
• you connect your Membership to your social media account, in which case we will receive from the social media platform the Personal Data you choose to share, based on the preferences and settings on your social media account. We will use this information in order to improve and personalize your use of our Platform; 
• third party social media sites have placed cookies or pixels on our website; and 
• we use social media plugins on our Platform (e.g. a “share” or “like” button), and your use of these plugins, may result in the disclosure of certain of your information to the social media platform in question, and possibly presented on your social media profile, to be shared with others in your network – however, we will only share your Personal Data with these social media platforms if you have provided your express consent for us to do so. 

Please refer to the privacy policy of those third-party social media platforms to find out more about these practices; 

• other companies, contractors or agents that assist us in providing services to you, including our online e-commerce platform that allows us to sell and deliver our products and services to you (which may include Shopify), support ticketing, legal services, debt collection, administration services, customer services and information technology support; 
• only where you have provided consent, other companies, contractors or agents in connection with our marketing efforts, or marketing platform providers; 
• credit and debit card companies that facilitate your payments to us, and for anti-fraud screening, which may need information about your method of payment to process payment or ensure the security of your payment transaction. These may include third party payment gateway providers, including at www.stripe.com/nz or www.paypal.com or www.debitsuccess.co.nz or www.laybuy.co.nz
• government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law; and 
• our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you. 

Where you choose to post information in the Forum, the information that you share will be public information that can be viewed by anyone (whether or not they are a part of our community). The information posted in the Forum will be indexed to third party internet search engines (such as Google), websites and apps.  

We may also transfer your Personal Data to potential buyers in the event that we sell or transfer all of a part of our business or assets (including in the event of a reorganization or dissolution/liquidation), under strict non-disclosure restrictions, and solely in order to allow a buyer to determine whether to proceed with the transaction or where such a determination is made, to complete it. 

6. Your Rights and Choices 

Under certain circumstances, by applicable Data Privacy Law, you may have the right to: 

• 6.1 Transparency 

You have the right to request information about whether we hold Personal Data about you, and, if so, what that information is and why we are holding/using it. 

• 6.2 Access 

You may request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it 

• 6.3 Correction 

You have the right to request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. 

• 6.4 Erasure 

You can request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing. 

• 6.5 Object 

You may object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes. 

• 6.7 Restriction of Processing 

You have the right to request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it. 

• 6.8 Transfer 

Request transfer of your Personal Data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format. 

• 6.9 Withdraw consent 

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time by contacting us [email protected]   

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so. 

If you wish to exercise your rights related to your Personal Data (including the rights set out above), please contact Fit Wāhine Aotearoa at [email protected]  

While you will generally not be required to pay a fee to access your Personal Data or to exercise any of your other statutory rights, we may charge a reasonable fee if your request for access is clearly completely unfounded, excessive or decline to comply with such requests where permitted by applicable Data Privacy Law. 

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (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 and to prevent unauthorised modification of your Personal Data. 

You also have the right to lodge a complaint about our processing of your Personal Data with the body regulating data protection with the Privacy Commissioner. 

7. Cookies 

A “cookie” is a small file stored on your device that contains information about your device. You have certain options with respect to the use of cookies and other tracking technologies on our site, including for the purposes of online interest-based advertising. For more information about the cookies we use, please refer to our Cookie Policy which forms part of this Privacy Policy. 

8. Links to other websites 

Our Platform may provide links to other websites for your convenience and information. These websites may operate independently from us. If you visit any website linked to our Platform, you are subject to that website’s own privacy policies. Linked websites may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites are not owned or controlled by us, we are not responsible for their content, any use of the websites, or the privacy practices of the websites.

9. Children 

Users must be of legal age in their respective countries and not under 16 years old, or you must have consent from your parent or guardian to use the Platform and share your Personal Data with us. Individuals are not allowed to sign up for a Membership on the Platform without verifying that they are 16 years of age or older. To the extent we identify any User that appears to be below the age of 16 years, we will reach out to that User to verify their age and, if necessary, to obtain consent from the User’s parents or guardians for the processing of their Personal Data. If you are a parent or legal guardian of a child who is under 16 years old who you believe has provided Personal Data to Fit Wāhine Aotearoa, please contact us at [email protected] if you want to exercise any of the rights available under applicable Data Privacy Law as set out in Section 6 above. 

10. Updates to this Privacy Policy 

Fit Wāhine Aotearoa may revise and update this Privacy Policy at any time in its sole discretion by posting an updated Privacy Policy on the Platform. All such changes to the Privacy Policy are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter. 

11. How to contact us? 

We welcome questions and comments about this Privacy Policy and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist us with our investigation. We aim to resolve all complaints in a timely manner. 

If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your Personal Data, please contact the Fit Wahine Aotearoa team at the following email address: [email protected]