All references to “Cancer FIT+”, “We”, or “Us” or “Our” or “Provider are references to or include Robyn Bayly and Julee Binns trading as Cancer FIT+, Robyn Bayly and Julee Binns as the principals and founders of Cancer FIT+, and any staff, contractors or other persons providing fitness workouts, educational content or other authorised services for or on behalf of Cancer FIT+.

Users of Cancer FIT+ are referred to below as “members”, “participants”, or “you” or “I” as the context requires.

Cancer FIT+ Limited and its subsidiaries (“we”, “us” and “our”) are committed to the protection of your personal privacy and so we have developed this plain language privacy policy to explain how we look after your personal information.

This policy describes the information we collect through your subscription, the Cancer FIT+ mobile application (App) and your use of our services. It also sets out how Cancer FIT+ uses that information, how that information may be disclosed, the security of that information, how you can access and correct your information, and other relevant details concerning your personal information.

If you access our services from outside of New Zealand, you agree that any personal information you provide us is subject to this policy and New Zealand laws, including the New Zealand Privacy Act 2020.

This policy is effective from 7.4.2020. Your continued use of this subscription, the App and our services signifies your agreement to this policy.

1.1. In general, the type (or categories) of personal information we may collect from you includes (but is not limited to):

name and contact details;

date of birth and gender;

account login information;

dietary preferences;

height and weight;

activity and fitness levels; and

fitness progress and goals.

1.2. We collect your personal information when you provide it to us (including when you create an account), when you contact us, when you use the App or your account on facebook, and when you interact with the communications we send you.

1.3. Our App and private facebook page may also state other ways in which we collect information from you when you are using our services.

1.4. If you do not provide the personal information we ask you to provide, or the information is incorrect, you may not be able to login to your account, the information accessible through your account may not be complete, and we may not be able to provide the requested services, respond to an enquiry, or contact you.

2.1. We use third party social media services like Facebook and Instagram. Your use of these third party services is entirely optional. We may make use of any information that you make available to use or which you make public when you use any such third party services for the purposes of our business. However, we will seek your permission to do so.

2.2. All third party services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide personal information to any of those third parties, or make information available to us and others, you should not use their particular service.

3.1. Cancer FIT+ may collect, hold, use and disclose your personal information for the following purposes:

a) where it is necessary for the performance of our contract with you, for example:

to provide our products and services to you;

to set up and provide you access to your account through the Master FIT website or the Cancer FIT+ App;

to develop a customised daily meal and exercise programme;

to provide you with updates relevant to your programme, including by email; and

to facilitate your payment for such services;

b) to provide you with information about our services, newsletters or other marketing communications (where you have an account or have signed up to receive these marketing communications);

c) where it is necessary for our legitimate interests of conducting our business, which may include:

managing, analysing and improving our own processes;

optimising your experience as a user of the App or our private facebook group, the features of your account, or our services, including through the use of cookies;

supporting, managing or enhancing the App or our services, or investigating any matter concerned with the use of the App or our services;

collecting feedback for the purpose of improving our quality or effectiveness;

meeting our obligations in, exercising our rights under, or enforcing our terms and conditions;

selling a substantial part or all of our business to a third party; and

for the purposes of carrying out the matters noted in the section below on the ‘Management of Personal Information’;

d) to otherwise protect our vital interests in our property, our legal rights, or those of others, including to detect, investigate, prevent or address fraud, security or technical issues, or if we have good reason to believe there is an imminent threat of death or injury or a serious threat to health and safety; and

e) any other lawful purpose made known to you when collecting the personal information.

3.3. We may also disclose your personal information to the APP hosting company “Nomergy Limited” so they can help provide the services you have requested. Their use of such information is governed by this policy.

3.4. Other than for the purpose we have told you about, any circumstance authorised under the New Zealand Privacy Act 2020 or any other applicable privacy laws, or any lawful purpose made known to you when collecting the personal information, Cancer FIT+ will not use your personal information without your prior consent.

3.5. The only exceptions is where disclosure is necessary to enforce our terms and conditions, protect our property, legal rights, or those of others, prevent injury to life or health, to detect, investigate, prevent or address any suspected unlawful activity, security or technical issues, or where it may be required by law such as in response to a warrant, subpoena, or other legal process.

3.6. We do not collect personal information from individuals under the age of 13.

3.7. Under no circumstances do we sell your personal information to any third party.

4.1. We may use third parties to assist us to send you email communications, including updates that are relevant to your fitness programme. We provide those third parties with your name and relevant contact information. Such third parties may be offshore. Some countries where such third party service providers are based may not have an adequacy decision by the European Commission.

4.2. Where communications we initiate are sent by electronic means the relevant third party (where applicable) will collect information about your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. Information about the device used to access the communication may also be collected. The third party provides or makes available this information to us for the various purposes outlined in this policy. They may also hold this information on our behalf.

4.3. While these third parties are primarily collecting this information on our behalf, some of these third parties also use the information that we provide them and which is collected from your interaction with our communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your personal information to market their or any other person’s services to you.

4.4. We currently use Campaign Monitor and Mailchimp to assist us in sending email communications. Campaign Monitor is located in the United States, which does not have an adequacy decision by the European Commission. Our agreement with Campaign Monitor contains appropriate safe-guards in respect of your personal information, as they include standard data protection clauses.

4.5. To understand the ways in which Campaign Monitor collects, holds, uses and discloses personal information, please read their privacy policy, available here:

https://www.campaignmonitor.com/policies/#privacy-policy

4.6. To understand the ways in which Mailchimp collects, holds, uses and discloses personal information, please read their privacy policy, available here:

https://mailchimp.com/legal/terms/

4.6. If you do not agree with how Campaign Monitor or MailChimp will handle your personal information then you will need to unsubscribe from receiving email updates about your programme. You may unsubscribe in accordance with the unsubscribe facility in any email sending you the communication. We will not be able to send you updates about your programme if you unsubscribe or do not agree to our use of third parties to assist us with our email communications.

4.7. Cancer FIT+ will not disclose or use personal information for the purposes of direct marketing unless you have given permission that allows for this to occur. If we have obtained your consent to receiving general marketing communications you may withdraw your consent at any time.

5.1. Except as otherwise stated in this policy, your personal information we collect is held by us.

5.2. We use third-party service providers to facilitate your payment and subscription. In general, these third-party providers will only collect, hold, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

5.3. We use “Moonclerk” to facilitate your subscription. Moonclerk will provide or make available to us the information collected by them as required to enable us to confirm your subscription and provide the services you have requested. You can find a copy of Moonclerk’s Privacy Policy here:

https://www.moonclerk.com/privacy-policy

5.4. We currently use Stripe to facilitate your payments. Stripe is based in New Zealand, which has an adequacy decision by the European Commission. Stripe will provide or make available to us the information collected by them as required to enable us to confirm payment and provide the services you have requested. Any credit card details stored for payments are done so on the Stripe system. No credit card information is stored by us. Please read Stripe’s privacy policy, to understand the ways in which they collect, hold, use and disclose such personal information. We may change our provider at any time. To view Stripe’s privacy policy please read it here:

https://stripe.com/en-nz/privacy

5.5. Cancer FIT+ may transfer information to other third parties (including technology providers, providers of business and marketing services and providers of software tools used by us in our business) to perform services on our behalf. These third parties may be based in countries that do not have an adequacy decision by the European Commission.

5.6. The servers and other IT systems we use are currently based in Australia, NZ and the United States and no information is held outside of these countries. Our agreements with these third party IT providers contain appropriate safe-guards in respect of your personal information, as they include standard data protection clauses. All of your personal information held within our IT systems is used solely for the purposes described in this policy.

5.7. If you would like further information about how our agreements with these third parties, or any other third parties referred to in this policy, protect your data, please let us know.

5.8. Cancer FIT+ will take reasonable steps to ensure security of your information from risks such as loss, or unauthorised access, destruction, use, modification, or disclosure. Your personal information is maintained in an environment that meets the security requirements of applicable privacy laws and we only permit access to authorised personnel. However, no data transmission over the internet or information stored on servers accessible through the internet can guarantee to be fully secure. These activities are taken at your own risk.

5.9. We will retain your information for as long as needed to provide you our services, to manage backups of your personal information in accordance with our security practices, to be able to address any claim that might be made after you stop using your account, or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of the services provided by the App and our private facebook group “MomohoMovement”. Where the information is no longer required, Cancer FIT+ will take reasonable steps to destroy the information or ensure that it is de-identified.

5.10. Cancer FIT+ will take practically reasonable steps to ensure that all personal information that it collects is accurate, up to date and complete. We encourage you at any time to update your personal information so we can provide the best of service to you.

6.1. You have the right to access and request correction to your personal information held by us at any time. You may do this through the App or by sending us an email at the contact address set out below.

6.2. To exercise any of your above rights, please contact us as follows:

Email: info@cancerfit-plus.com

6.3. Access to your personal information will be managed in accordance with the New Zealand Privacy Act 2003. In the unlikely event that you are refused access to your personal information, we will tell you the reasons why and recommend that you have this reviewed by the office of the Privacy Commissioner.

7.1. For residents of the United Kingdom or the European Union where the Data Protection Act 2018 (UK) or the General Data Protection Regulation 2016/679 of the EU (GDPR) applies, you also have the right to restrict the processing of your personal data, object to processing of your personal data, object to the portability of your personal data, and to obtain erasure of your personal data, in each case in accordance with applicable data protection laws.

7.2. Note that references in this policy to ‘personal information’ should be read as ‘personal data’ for the purposes of the GDPR.

8.1. For residents of California where the California Consumer Privacy Act of 2018 (California Civil code §1798.100 - §1798.199) applies, you also have the right to obtain information regarding the categories of personal information we have collected, the categories of the source of that personal information, the business or commercial purpose for collecting the personal information, the categories of any third parties to which we have shared your personal information, and the categories of personal information we have disclosed for a business purpose.

8.2. You may also request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.

9.1. If a person or organisation wishes to complain about how we have handled your personal information, you may do so by contacting the Directors of Cancer FIT+ (Robyn Bayly or Julee Binns) by providing the complaint in writing to info@cancerfit-plus.com

9.2. If a dispute were to arise between us and we cannot resolve this with you, then you may lodge a complaint with the New Zealand Privacy Commissioner, or the relevant supervisory authority.

This privacy policy may change from time to time, particularly as new rules, regulations, and industry codes are introduced. We will notify our members if there is a change.

Cancer FIT+ has a privacy programme. Our staff are required to maintain an awareness of privacy requirements, use our systems to manage personal information, ensure all personal information is secured appropriately and not disclose any information to third parties. Our staff are required to sign our privacy policy and we train our staff on privacy matters.