1 Introduction
1.1 Application
We are committed to managing Personal
Information in accordance with the Applicable Law
and in accordance with all other applicable privacy
laws.
This Privacy Policy applies to the collection, use,
disclosure and storage of Personal Information by
FitBlazer, its subsidiaries, and related entities in
connection with the operation of the App.
We comply with the requirements of the relevant
Applicable Law. To the extent of any inconsistency
between this Privacy Policy and provision of the
Applicable Law, the provisions of the Applicable
Law will prevail.
1.2 Acceptance
By downloading, accessing, or using the App, you:
(a) acknowledge that you have read,
understood, and accepted the terms of this
Privacy Policy; and
(b) consent to the collection, use and storage of
Personal Information as in accordance with
this Privacy Policy
(b) information about how you interact with
our services (including voice recordings of
customer service enquires you make and
feedback on our services).
(c) geolocation data to recommend events and
fitness activities relevant to your current
location and other locations based on
general travel plans or preferences you may
specify.
(d) medical history and other health
information, including but not limited to,
information on cardiovascular, respiratory,
orthopaedic, metabolic, neurological,
musculoskeletal conditions, and other
health considerations. We will only collect
sensitive information, including your health
or medical information, with your express
consent (which may be withdrawn by you at
any time by contacting us), or where
otherwise permitted by law)
2 Collection of Information
2.1 Information from Users
We may collect the following categories of Personal
Information in connection with the creation and
management of your User Account:
(a) your contact information, including (but not
limited to) your full name, email
address(es), phone and mobile numbers,
and Internet Protocol (“IP”) address.
(b) your username, password, and other
security-related information used to access
your User Account.
(c) information about the device you use to
access the App, including device type,
operating system, and unique device
identifiers.
(d) financial information required to facilitate
payments, such as billing details and
payment card information (as and if
required by third-party payment
processors).
(e) information in identity documents, such as
your passport, driver’s licence, or other
government-issued identification, where
required for verification or compliance
purposes.
We may collect Personal Information when you use
the App, including:
(a) your service preferences, account history
and records.
You are not required to provide us with your
Personal Information. However, if you choose not
to provide certain required information, or if we are
unable to collect certain information from you, you
may be unable to create a User Account or access
certain features, functionalities, or services of the
App.
We only collect Personal Information where it is
reasonably necessary for one or more of our
functions or activities.
2.2 Information from External Service Providers
We may collect your Personal Information from
External Service Providers in relation to the App,
including (but not limited to) booking details,
service preferences, and feedback on services
provided by the External Service Providers.
2.3 Information from Publicly Available Sources
We may collect and process your Personal
Information that is publicly available from social
media, public forums, or other public platforms.
2.4 Information from Third Parties
We may collect Personal Information about you
from third parties, including (but not limited to)
providers that:
(a) assist in the delivery of our services;
(b) verify your identity or assist in fraud
detection;
(c) process payments or manage financial
transactions made via the App;
(d) facilitate user engagement, promotional
activities, and marketing campaigns; or
(e) offer insights to enhance and improve our
services, features, and user experience
3 Use of Information
We collect and use your Personal Information in
accordance with your instructions, your consent,
and the provisions of this Privacy Policy.
The purposes for which we use your Personal
Information include, but are not limited to, the
following:
3.1 Providing Services
We may use your Personal Information to provide,
personalise and improve our services to you.
This includes (but is not limited to) the following
activities in connection with your use of the App:
(a) providing services in accordance with the
Terms of Use.
(b) enabling access to and use of the App.
(c) managing and updating your User Account.
(d) facilitating bookings and communications
with External Service Providers.
(e) processing payments and transactions.
(f) customising services based on your
preferences.
(g) providing legal notice.
(h) notifying you of User Account activity.
(i) any other purpose you have consented to or
that is necessary to provide our services in
connection with the App.
You acknowledge and agree that Personal
Information provided to any subsidiary within our
group may be shared with, and used by, other
subsidiaries within the group to enable the
provision of our services in relation to the App.
3.2 Service Improvement
We may use your Personal Information to improve
and optimise the App, our services, and user
experience. This includes the following activities in
connection with your use of the App:
(a) reviewing customer feedback and
responding to complaints;
(b) testing, research and validation of our
services;
(c) quality assurance for our interactions and
communications with you;
(d) identifying and addressing technical or
operational issues; or
(e) protecting and improving the security,
performance, and functionality of the App.
3.3 Research and Development
We may use your Personal Information for
research, development, testing, and analysis to
enhance and improve the safety, quality, and
performance of our services. Your Personal
Information collected may be aggregated and
anonymised to generate analytics, market insights,
and performance reports. These insights may be
used internally or shared externally as part of
anonymised reports on trends, usage, and user
experience. We may also use your Personal
Information to seek your feedback through surveys
or third-party platforms.
3.4 Marketing
We may use your Personal Information to market
and promote our services and the App to you. You
may opt out of receiving these communications at
any time by:
(a) using the unsubscribe functionality in
electronic communications; or
(b) contacting us at admin@fitblazer.co.nz.
We will not disclose your Personal Information to
third parties for the purpose of enabling them to
send you direct marketing materials.
3.5 Complying with Legal Obligations
We may use or disclose your Personal Information
to comply with our legal obligations, court orders,
or regulatory requirements. This includes
responding to lawful requests from law
enforcement, regulatory authorities, or government
bodies, as required under the Applicable Law.
4 Sharing of Information
4.1.1 We may share your Personal Information with third
parties where it is necessary to provide our services,
including (but not limited to):
(a) our members, affiliates, subsidiaries or any
related companies, and the officers,
directors, employees and representatives of
each other;
(b) the External Service Providers;
(c) other third parties, including (but not
limited to) service providers for user
authentication and login services, cloud-
storage providers, software-as-a-service
providers, data analytics partners,
marketing partners, and other third party
providers; or
(d) our consultants, lawyers, accountants,
insurers, and other professional advisors.
4.1.2 We may share your Personal Information with our
subsidiaries and related companies located in New
Zealand and/or Australia, as required to deliver our
services. Unless otherwise specified, this Privacy
Policy governs the collection, use, disclosure, and
processing of your Personal Information by our
subsidiaries and related companies. We take
reasonable steps, as required by Applicable Law, to
ensure that these entities comply with this Privacy
Policy and provide a comparable standard of
privacy protection.
4.1.3 In the event of corporate transaction (i.e., a sale,
merger, acquisition, joint venture, assignment,
transfer, reorganisation, bankruptcy or
receivership), we may disclose your Personal
Information as part of the due diligence process and
transfer such information to the successor, acquirer,
or affiliate involved in the transaction. Any entity
that receives your information as part of such a
transaction will be bound by the obligations set out
in this Privacy Policy.
4.1.4 We may share your Personal Information in other
lawful ways where you have expressly consented to
such disclosure.
4.2 Cross-Border Disclosure of Personal Information
FitBlazer is a New Zealand-based company. While
we operate a single legal entity, our services are
offered to users in both Australia and New Zealand,
and your Personal Information may be accessed or
processed by us in either country. By using the App,
you acknowledge and consent to the access and
processing of your Personal Information in both
Australia and New Zealand.
For Australian Users: We take reasonable steps to
ensure that any handling of your Personal
Information outside Australia complies with the
requirements of the Applicable Law, including the
Australian Privacy Principles (APPs).
For New Zealand Users: We take reasonable steps
to ensure that any handling of your Personal
Information outside Australia complies with the
requirements of the Applicable Law.
You may withdraw your consent to overseas access
or processing of your Personal Information at any
time by contacting us using the details provided in
this Privacy Policy.
Where we transfer your Personal Information
overseas to an international entity, that entity is
required to comply with the Applicable Law and
the terms of our Privacy Policy and we implement
privacy safeguards and data handling
arrangements to protect your information in
accordance with the Applicable Law. You
acknowledge and agree that:
(a) data protection laws in other countries may
differ from the privacy standards in your
jurisdiction; and
(b) by using the App and providing Personal
Information, you consent to the transfer of
your Personal Information to jurisdictions
outside of your country of residence,
including to countries that may not offer the
same level of data protection.
5 Storing of Information
5.1 Retention and Deletion
5.1.1 We retain Personal Information as necessary to
provide our services, maintain ongoing
communication with you, and comply with our
obligations under the Applicable Law.
5.1.2 To the extent permitted or required by the
Applicable Law, we may retain your Personal
Information for as long as your User Account
remains active. If your User Account is deactivated,
we may continue to retain your information for a
minimum period of seven (7) years, or for such
other period as required.
5.1.3 We retain your Personal Information only for as
long as necessary to provide our services and
comply with legal obligations. When no longer
required, we will take reasonable steps to destroy
or de-identify the information.
5.2 Security
We take all reasonable steps to protect your
Personal Information from unauthorised access,
misuse, loss, alteration, or disclosure.
Personal Information is stored in secure electronic
systems and, where required, in physical hard-copy
format. We regularly review and update our
security practices to safeguard your Personal
Information against evolving security threats
Despite our reasonable efforts to secure Personal
Information, no method of transmission over the
internet or electronic storage is entirely secure.
Accordingly, you acknowledge and accept that we
cannot guarantee absolute security for the
transmission or storage of your Personal
Information. We are not liable for any unauthorised
access, disclosure, loss, or misuse of Personal
Information that arises from circumstances beyond
our reasonable control.
6 Anonymity and Pseudonymity
Where lawful and practicable, you have the option
of not identifying yourself or using a pseudonym
when dealing with us. However, this may limit your
ability to access certain features of the App.
7 Cookies
We may use cookies to collect your Personal
Information.
8 Third-Party Links
The App, including our email updates and other
communications, may contain links to third-party
websites or services that are not owned, operated,
or controlled by us. We do not accept any
responsibility for the content, functionality, or
privacy practices of these third-party websites or
services.
9 Your Rights
9.1.1 You may:
(a) withdraw any consent you have provided
for us to store and use your Personal
Information;
(b) request access to the Personal Information
we hold about you; and
(c) request the correction of any inaccurate
Personal Information we hold about you.
We will respond to access or correction requests to
your Personal Information within a reasonable
period, generally within 30 days. We may refuse
access to your Personal Information in limited
circumstances as permitted by law, and will provide
written reasons in the event of such a refusal.
You can access and update most of your Personal
Information directly through your User Account in
the App. If you require access to information not
available through your User Account, you may
contact us using the details provided in Section 13
of this Privacy Policy. We may charge an
administration fee for processing such requests and
will notify you of any fees before proceeding.
If you no longer wish to receive any marketing
emails from us, or do not want your Personal
Information disclosed for direct marketing
purposes, you may update your notification
preferences in the App by clicking Account >
Notifications and saving your changes or you can
use the unsubscribe option included in our
electronic marketing communications
10 Data Breaches and Notifications
For Australian Users:
We take data security seriously. In the event of a
data breach involving Personal Information that is
likely to result in serious harm, we will comply with
our obligations under the Notifiable Data Breaches
(NDB) scheme in the Applicable Law. This includes
assessing the breach, notifying affected individuals
and the Office of the Australian Information
Commissioner (OAIC) as soon as practicable, and
taking steps to mitigate any harm.
For New Zealand Users
We take data security seriously. In the event of a
data breach involving Personal Information that is
likely to result in serious harm, we will comply with
our obligations under the Applicable Law. This
includes assessing the breach, notifying affected
individuals and the Office of the Privacy
Commissioner (New Zealand) as soon as
practicable, and taking steps to mitigate any harm.
11 Changes to this Privacy Policy
We may modify this Privacy Policy at any time. Any
changes will be communicated to you via email
(using the address linked to your User Account) or
by displaying a prominent notice within the App.
The amended Privacy Policy will be effective from
the revision date and apply to all Personal
Information collected or processed after that date.
We encourage you to review this Privacy Policy
periodically to stay informed about how we protect
your Personal Information.
12 Complaints
12.1.1 If you have concerns that we have not met our
obligations to you as required under the Applicable
Law, you may contact us and make a complaint at
the email listed at Section 13 of this Privacy Policy.
We will endeavour to respond within 30 days of
receiving your complaint, and where possible,
provide an explanation for the outcome.
For Australian Users:
If you are not satisfied with our response to any
complaint you make in accordance with section
12.1.1, you may escalate your complaint to the
Office of the Australian Information Commissioner
(OAIC). Information about your rights and our
obligations in respect to privacy and information on
making a complaint are available from the Office of
the Australian Information Commissioner (OAIC)
at:
(a) Website: www.oaic.gov.au
(b) Email: enquiries@oaic.gov.au
For New Zealand Users:
Information about your rights and our obligations
in respect to privacy and information on making a
complaint are available from the Office of the
Privacy Commissioner (New Zealand) at:
(a) Website: www.privacy.org.nz
(b) Email: investigations@privacy.org.nz
13 Contact Us
If you have any questions regarding this Privacy
Policy or wish to request access or a correction of
the information we hold about you, please contact
our Privacy Officer at admin@fitblazer.co.nz.
14 Definitions
In this Privacy Policy, unless context otherwise
requires:
14.1.1 “App” means the FitBlazer App, a mobile
application that hosts a platform allowing users to
view, book appointments and classes offered by
various wellness and fitness providers (the
“External Service Providers”).
14.1.2 “Applicable Law” means:
(a) For Australian Users: the Privacy Act 1988
(Cth) and any related instruments,
regulations, or guidance material issued
under the Privacy Act 1988 (Cth) as
amended from time to time, including the
Australian Privacy Principles (APPs), and
any related instruments.
(b) For New Zealand Users: the Privacy Act
2020 and any related instruments,
regulations, or guidance material issued
under the Privacy Act 2020 as amended
from time to time.
14.1.3 “Australian User” means any user whose primary
residence is in Australia.
14.1.4 “External Service Provider” means any
independent third-party fitness or wellness
provider offering products, services, classes
appointments, or other offerings through the App.
14.1.5 “FitBlazer”, “we”, “us” or “our” means FitBlazer
Limited, a duly incorporated NZ Limited Company
with registered offices in Hamilton, New Zealand
with NZBN No 9429052047848, and its subsidiaries
and affiliated companies.
14.1.6 “New Zealand User” means any user whose
primary residence is in New Zealand.
14.1.7 “Personal Information” means any information
about an identifiable individual as defined by the
relevant Applicable Law.
14.1.8 “Privacy Policy” means this Privacy Policy and
includes any schedules and other documents
referred to in this Privacy Policy.
