Privacy Policy

EAT Fitness respects your privacy and is committed to protecting your personal data. The information set out in this privacy policy aims to inform you as to how we collect and look after your personal data when you visit our website https://eatfitness.nz or when you purchase, are registered to use and/or use the products and services, our education and training programmes, our software applications or our support services (together with the Websites our “Services”). It will also tell you about your privacy rights and how the law protects you.

References to “you” or “your” are to you as an individual using our Services or otherwise contacting EAT Fitness (either on behalf of yourself, your business or another individual or organisation).

Important information

It is important that you read this privacy policy (including the section on ‘COOKIES’) together with our Website Terms of Use https://eatfitness.nz/website-terms-of-use any other terms and conditions relating to our Services and any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

Please note that EAT Fitness may update and amend this privacy policy from time to time and any changes will be posted on our Website. This version was last updated on 13 June 2020. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Our Services may be supported by and/or include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Services, we encourage you to read the privacy policy of every website or software application you visit.

By accessing and continuing to use the EAT Fitness Services, you accept the terms of this privacy policy.

Who we are

Marketing Plus Ltd t/a EAT Fitness is a company incorporated in New Zealand. Its registered office is 49 Contour Avenue, Pyes Pa, 3112, New Zealand and as applicable is referred to as “EAT Fitness”, “we”, “us” or “our” in this privacy policy.

EAT Fitness is a company dedicated to providing fitness accessories and continuing education programmes available to fitness professionals.

We are bound by applicable data protection laws in respect of the handling and collection of your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights as set out in the ‘YOUR LEGAL RIGHTS’ section, please contact us using the contact details in the ‘CONTACT DETAILS’ section.

What personal data we collect and why we collect it

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) or data relating to a corporate entity.

If you visit our Website, or contact us to enquire about our products and Services, or are a customer, partner, distributor, or an end-user customer making use of our Services, or you make contact with us about employment opportunities, we may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

  • Identity Data includes first name, last name, title, date of birth, gender and (preferred) language.
  • Contact Data includes business or home address, billing and delivery address(es), email address(es) and telephone (including mobile) number(s).
  • Financial Data includes card holder details (CHD), bank account details (account name, number and sort code).
  • Transaction Data includes details about payment patterns and payment instructions to and from you.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, use of cookies or other devices to store and sometimes track information about you (more details on our use of cookies is set out in the ‘COOKIES’ section) and other technology on the devices you use to access the Services.
  • Profile Data includes your username and password, purchases and orders made by you, account preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us or other third parties (such as our clients, partners and distributors) and your communication preferences.
  • Aggregated Data. We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature within our Services. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
  • Special Categories of Personal Data. When we conduct market research or you use our products and Services, or you are a customer of a business that uses our products or Services, we may collect special categories of personal data which includes information about your racial or ethnic origin, your biometric data and/or your health (including details relating to your height, weight and heart rate).

We may also process certain special categories of personal data when you include such information in your CV which you send to us when you make contact with us about employment opportunities with us.

Children. Our Services are not intended for children and in this respect, we do not knowingly collect data relating to children.

We do not actively collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to sell you our products and provide you with our Services). In this case, we may have to cancel a product or suspend the Services you have with us but we will notify you if this is the case at the time.

HOW WE COLLECT YOUR PERSONAL DATA

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Profile, Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email, social media or otherwise. This includes personal data you provide when you:
    • visit our Website
    • contact us to request information on our products and services;
    • contact us to purchase our products and services from us (including information we need to fulfil your orders);
    • set up a client, partner, distributor or end user customer account with us;
    • make contact with our support team;
    • make contact with us at a trade show;
    • register for, or participate in, one our education and training events or workshops;
    • email us about your interest in a job with us;
    • enter a survey or give us some feedback; or
    • subscribe to our newsletter.
  • Automated technologies or interactions. As you interact with our Services we may automatically collect Technical, Usage or Special Categories of Personal Data about you. We collect this personal data by using cookies and other similar technologies. Please see the ‘COOKIES’ section.
  • Third parties or publicly available sources. We may receive personal data about you from various other third parties and public sources as set out below:
    • Identity and Contact Data from individuals recommending, in a business-to-business context, that we make contact with you to introduce our products and services to you as a potential buyer;
    • Identity and Contact Data purchased by us from lead generation services so that we can make contact with you in a business-to-business context to introduce our products and services to you as a potential buyer;
    • Financial Data from credit reference agencies (such as Experian);
    • Identity and Contact Data from social media sites, such as Facebook or Twitter based outside the EU, when you log-in to our Services through social media and/or when you like one of our posts or comments).
    • Technical Data from analytics or search information providers, such as Google based outside the EU; ­ Identity, Contact (and possibly Special Categories of Personal) Data from recruitment professionals who send us your CV or direct from you in connection with potential recruitment; and
    • Identity, Contact, Financial and Transaction Data from providers of technical, payment and delivery services, such as PayPal.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Performance of Contract means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Legitimate Interest means the interest of our business in conducting and managing our business of supplying product/service. 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 do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can contact us for further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities (please see the ‘CONTACT DETAILS’ section).
  • Consent means where we have obtained your agreement to process your personal data. Consent must be freely given, specific, informed and be an unambiguous indication of your wishes for us to process your personal data (this may be collected by you ticking a box). Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to where it is required for processing Special Categories of Personal Data, or for sending our newsletters and/or marketing material to you via email, post, phone, text message and social media. You have the right to withdraw your consent at any time to our processing of your Special Categories of Personal Data, or to newsletters and/or marketing, by contacting us (please see the ‘Opting Out / Unsubscribing’, the ‘YOUR LEGAL RIGHTS AND COMPLAINTS’ and the ‘CONTACT DETAILS sections).
  • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
  • Prospecting. In a business-to-business context we may make contact with you to provide or seek information in connection with our products and/or services. The legal basis we rely on for making contact with you and processing your personal data is our shared legitimate interests in doing business together. When we make contact with you, you can exercise your right to object to such contact from us (please see the ‘YOUR LEGAL RIGHTS AND COMPLAINTS’ section).
  • Marketing. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established personal data control mechanisms for our business including an unsubscribe link displayed on every email newsletter and marketing communication.

Marketing from us

If you provide your express, opt-in consent, we may use your Identity, Contact, Technical, Usage and/or Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You may receive marketing communications from us after you have requested information from us or opened a client, partner, distributor or end-user customer account and, in each case, you have opted-in to receiving that marketing.

You can withdraw your consent at any time.

In some limited circumstances, we may contact you about similar products and/or services where you have purchased products or services from us and you have not opted-out of receiving this information. The legal basis on which we process personal data for these purposes is our legitimate interest to develop our products and services and grow our business.

You can ask us to stop sending you marketing communications at any time (please see the ‘Opting Out / Unsubscribing’ section)

Third Party Marketing

We will get your express opt-in consent before we share your personal data with any company outside EAT Fitness for marketing purposes.

Opting out/Unsubscribing

You can ask us to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you, or in respect of the applicable Services, by logging in to your account or by contacting us at any time.

Where you opt out of receiving these marketing messages, you may still receive messages for other purposes (such as providing the Services to you).

  • Cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of their computer. If you disable or refuse cookies when browsing our Website or when using our Services, please note that some parts of our Website or Services may become inaccessible or not function properly. For more information about the cookies we use, please see our ‘COOKIES’ section.
  • Change of Purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, you can contact us (please the ‘CONTACT DETAILS’ section).

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Cookies

Our Website or Services use cookies to distinguish you from other users of our Website or Services. This helps us to provide you with a good experience when you browse our Website or Services and also allows us to improve our Website or Services. By continuing to browse the Website or use our Services, users are agreeing to our use of cookies.

  • Cookies strictly necessary for the operation of the Website: Some of the cookies we use are essential for parts of the Website to operate and are already set. These are strictly necessary for the sale of products and services requested by you and without them the Website cannot operate as intended. As an example, we may use cookies to make use of e-billing services or to store facilities in an electronic shopping basket or wish list whilst browsing different pages of the Website or between visits to the Website
  • Other uses of cookies (where you have consented to such use): We only use (and store) non-essential cookies on your computer’s browser or hard drive if you provide your consent. Where you consent to us doing so, we also use cookies and other such tracking techniques to compile anonymous, aggregated statistics that allow us to understand how users use our Website or Services and to help us improve the structure of our Website or Services (we cannot identify you personally in this way). We use cookies and other tracking techniques to allow us to understand who has seen which pages and advertisements on the Website, to determine how frequently particular pages and advertisement are viewed, to determine the most popular areas of the Website or Services and generally in order to monitor usage of the Website or Services.
  • We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website or Services in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from our system.
  • If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
  • If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
  • When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
  • If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Analytics

Like  many other organisations, we use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a number of cookies in order to evaluate your use of our Website and enable us to carry out actions including (but not limited to):

  • Tracking the number of visitors to our Website.
  • ­Monitoring the number of users on our Website at any given time.
  • ­Analysing popular content on our Website

Google stores the information collected by these cookies on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using our Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Disclosures of your personal data

For the purposes set out in the ‘HOW WE USE YOUR PERSONAL DATA’ section we may have to share your personal data with the following parties:

  • Internal Third Parties such as other companies within the EAT Fitness group.
  • External Third Parties such as
    • Service providers and suppliers based who provide IT and system administration (including email, payment software and hosting) services.
    • ­Specialist suppliers for the dispatch, shipping and delivery of our products.
    • ­Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, legal, banking, accounting insurance and services.
    • Customs, regulators, law enforcement bodies, police and other authorities who require reporting of processing activities in certain circumstances (such as criminal activity, suspected or actual fraud or tax evasion).
    • ­Marketing and PR providers where you have agreed to a publication or article with us.
    • Service providers and suppliers based in (and outside) the UK who provide IT and system administration (including email, payment software and hosting) services.
  • Specific Third Parties such as:
    • PayPal a global payment solutions provider, who help us to provide secure financial transactions for our customers with the use of their Braintree service. Both PayPal and Braintree are used as payment options.
    • ­Google Analytics tracks website traffic.
    • GoogleAds used for advertising
    • Facebook used for marketing and ads
    • Affiliate WP used for the Affilate system
    • Tutor LMS
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

How long we retain your data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 requirements.

We will generally retain data related to a client, partner, distributor or end-user customer for a period of 7 (seven) years after a contract has ended or we have ceased providing you Services in relation to a product that has been purchased, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or defend our legal rights, or for tax purposes.

Where we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (but will be added to a “do not contact” list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), subject to the periods discussed above, we will retain your data for 12 (twelve) months.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information and tutors can see it.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your contact information

Additional information

How we protect your data

We  have put in place appropriate security measures (including Secure Sockets Layer (SSL) technology) to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

What data breach procedures we have in place

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

YOUR LEGAL RIGHTS AND COMPLAINTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:

  • Request 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.
  • Request correction: You may request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure: You may 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing: You may object to the 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 which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing: You may request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer: You may request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time: you may withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us directly (please see the CONTACT DETAILS section).

  • No fee usually required. 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 if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
  • What we may need from you. 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.
  • Time limit to respond. We try to respond to all legitimate requests within one (1) month. Occasionally it may 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.

CONTACT DETAILS

Our full details are:

Marketing Plus Ltd. t/a EAT Fitness

Data Protection Officer: [email protected]

49 contour Avenue

Pyes Pa

3112

New Zealand

Phone: 021 467 750