PRIVACY POLICY STRONGHER
INTRODUCTION
This mobile software application (App) is brought to you by The Vibe Fitness Limited (“we”,
“us” and “our”).
We take your privacy very seriously and we are committed to protect your personal data and
respect your privacy. Personal data means all information about you which enables us to
identify you as an individual. We comply with all relevant data protection laws, such as the
General Data Protection Regulation (GDPR: EU Regulation 2016/679). We ask that you read
this privacy policy (“Policy”) carefully as it contains important information on who we are,
how and why we collect, store, use and share personal information, your rights in relation to
your personal information and on how to contact us and supervisory authorities in the event
you have a complaint.
As we are a company based outside the European Economic Area, we have nominated the
following representative:
(add details of representative)
Any capitalized terms used throughout this Policy that are defined in our Terms of Use, have
the same meaning in this Policy.
DATA CONTROLLER
The Vibe Fitness Ltd is your data controller. This means that we are responsible for, and
control the collecting and processing of, your personal data. You can find all our details
under How to contact us.
PERSONAL DATA WE PROCESS
Whenever you use our App, you will provide us with and we will obtain from you, either
directly or indirectly, certain personal data. For example when you sign up for an account,
when you fill in forms provided by us, when you purchase products or services through our
App, when you participate in competitions, when you participate in our community, and
when you communicate with us.
Please note that you can always monitor and control the processing of your personal data by
exercising Your rights.
It depends on the particular activities carried out by you through our App which of the
following personal data we collect and process from you:
1. name, home address, e-mail address, telephone number;
2. nationality, place of birth, date of birth, gender;
3. your account details, such as your username and login details;
4. credit/debit card or other payment information;
5. information about your purchases of products and services from us or our partners;
6. location data, including real-time geographic location of your electronic device
used through GPS;
7. IP address;
8. any other personal data you provide us with voluntarily.
We also need to collect personal data from you from time to time which is considered to be
sensitive. Such data can only be processed by us when you give us your explicit consent to
do so, or if it is necessary to do so to protect your vital interests (e.g. in a medical
emergency), or if you make such data public yourself:
9. information about your physical or mental health.
THE USE OF THIRD-PARTY CONNECTIONS
In some circumstances we may also receive personal information about you via third parties.
If you access our App through a third-party connection or log-in, such as Google or
Facebook, that third party may pass on certain information about your use of its service to
us. This information could include the user ID associated with your account (for example,
your Facebook UID), an access token necessary to access that service, any information that
you have permitted the third party to share with us, and any information you have made
public in connection with that service. We do not control how such third parties process and
share your personal information with us. You should therefore always review, and if
necessary, adjust your privacy settings on such third-party sites and services before linking
or connecting them to us. You may also unlink your third-party account from our App by
adjusting your settings on the relevant third-party service.
Our App may also include social media features, such as the Facebook Like button. Our
integration of these features may allow third-party social media to collect certain
information about you, such as your IP address, and to set a cookie to enable the feature to
function properly. Social media features are either hosted by a third party or hosted directly
through the use of our App. Your interactions with these features are governed by the
privacy policy of the company providing the feature.
PURPOSES AND LAWFUL BASES FOR PROCESSING YOUR PERSONAL DATA
Most of your personal data is collected and processed so that we can offer you the full range
of benefits and functionalities of our App. This includes to offer you our products and
services and to let you participate in our community. This processing is necessary to perform
our contract with you and to provide you with the products and services we offer.
We will sometimes process personal data to comply with legal obligations imposed on us, for
example in relation to the prevention of fraud and money laundering or in relation to tax
regulations.
We may also use your personal data if it is in our legitimate interests to do so. Such interests
include our ongoing effort to provide, improve and safeguard the different functionalities we
offer.
If none of the above lawful bases apply to the processing of your data, we rely on your
consent to process such data. For example, if you enable your location on your device, this is
your consent for us to process your location. If you do not want us to process your location,
you can turn off this feature on your device. However, if you choose to turn off the location
on your device you won’t be able to enjoy all of the functionalities of our App, because some
of those will be based on your location. Besides personal data that we need to fulfill our
obligations to you, you will also have the option to submit more information about yourself.
This is done on a voluntary basis. By submitting such additional information, you express
your consent to process such data. You also have to give us your consent to enable us to use
your personal data for marketing purposes, such as sending you our newsletter by e-mail.
We will gather your consent when you sign up for an account. Whenever we rely on your
consent to process your personal data, you can withdraw such consent at any time.
AGE REQUIREMENT
Our App is not intended for children under the age of 16 or the applicable legal age for data
subjects to be able to express their consent in your country of residence, if this is a different
age in your country of residence. We do not knowingly collect or distribute personal
information from or about children under the age of 16 or such other applicable legal age. If
a parent or guardian becomes aware that his or her child has provided us with personal
information without their consent, he or she should contact us so that we can remove such
data immediately from our servers.
COOKIES
Whenever you visit our website via a link in our App, a cookie (a small text file) may be
placed onto the electronic device you use to visit our website. Cookies can be used to help
you navigate websites more efficiently and to perform certain functions, as well as to
provide information to us. There are several types of cookies and other online tracking
devices such as web beacons, action tags, local shared objects or flash cookies, and single-
pixel gifs. Cookies can perform different functions and serve different purposes:
Session cookies: these allow our website to link your actions during a particular
browser session. These expire each time you close your browser and do not remain
on your device afterwards.
Persistent cookies: these are stored on your device in between browser sessions.
These allow your preferences or actions across our website to be remembered.
These will remain on your device until they expire, or you delete them from your
cache.
Strictly necessary cookies: these cookies are essential for you to be able to navigate
our website and use its features. Without these cookies, the services you have asked
for could not be provided.
Performance cookies: these cookies collect information about how you use our
website, e.g. which pages you go to most often. These cookies do not collect
personally identifiable information about you. All information collected by these
cookies is aggregated and anonymous, and is only used to improve how our website
works.
Functionality cookies: these cookies allow our website to remember the choices you
make (such as your user name, language, last action and search preferences) and
provide enhanced, more personal features. The information collected by these
cookies is anonymous and cannot track your browsing activity on other websites.
We will ask for your permission (consent) to place cookies or other similar technologies on
your device, except where these are essential for us to provide you with a service that you
have requested (e.g. to enable you to put items in your shopping basket and use our check-
out process).
If you have accepted cookies, you can always withdraw your consent by adjusting the
privacy preferences of your browser. Please be aware that restricting or deleting cookies
may impact on the functionality of our website.
The table below provides more information about the cookies we currently use and why:
(insert table with the cookies you currently use, including their name and owner and a
general description of what they do)
SHARING YOUR PERSONAL DATA
We would like to stress that we do not sell your personal information to any other party.
However, we do share your personal information with the following categories of third
parties.
A. Our business partners, suppliers and sub-contractors
We share your personal data with them for the performance of any contract we
enter into with them or you. This includes, for example, a distributor, a customer
service provider, a payment provider, a technical maintenance provider and a
marketing automation provider.
B. Our online store hosting provider
We use Shopify Inc. as a host of our online e-commerce store, allowing us to sell our
products and services to you. If you use our online store, you should also refer to the
privacy policy of Shopify (which can be found via this link).
C. Credit and debit card companies
Credit and debit card companies are used to facilitate your payments to us, and for
anti-fraud screening. They 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 or
www.paypal.com or www.apple.com. Before entering your personal details we
suggest that you read and become familiar with the privacy policy for any such third-
party provider.
D. Other circumstances in which we may share your personal data and with whom
We will also share your personal data in the following circumstances:
if we or substantially all of our assets are acquired by a third party, in which case
personal data held by us about our users will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with
any laws, legal obligations or investigations;
to enforce or apply our Terms of Use, policies or other agreements;
to protect the rights, property, or safety of The Vibe Fitness Limited, its employees,
our users or third parties. This includes exchanging information with other companies
and organisations for the purposes of fraud protection.
In the event we receive a legal request to disclose your personal data, we may notify
you of such request before we do so, unless this is expressly prohibited by the
authority making the request or if notifying you would be detrimental to us, the party
requesting your personal information, or any other person affected, or to the
investigation itself. If we can’t notify you of such requests beforehand for the reasons
set out before, we will try to notify you afterwards.
HOW AND FOR HOW LONG WE KEEP YOUR PERSONAL DATA
We put appropriate security measures in place to prevent personal data from being
accidentally lost, or used or otherwise accessed in an unauthorised way. We limit access to
your personal information to those who have a genuine business need to know it. Those
processing your information will do so only in an authorised manner and are subject to a
duty of confidentiality.
All information you provide to us is stored on secure servers. Any payment transactions will
be encrypted (using SSL technology). SSL is the industry standard method of encrypting
personal information and credit card details so that they can be securely transferred over
the internet.
You are responsible for keeping your password confidential. We ask you not to share a
password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the
security of your data transmitted to our App; any transmission is at your own risk. Once we
have received your information, we will use strict procedures and security features to try to
prevent unauthorised access.
We only retain your personal data for as long as your account is active or for as long as we
need it to fulfil the purposes for which we have initially collected it, unless otherwise
required by law. We may retain certain information for longer to comply with applicable
laws, to prevent fraud, or for obligations we have in relation to tax regulations.
TRANSFER OF PERSONAL INFORMATION OUTSIDE THE EEA
Our App may be used by users located all over the world. If you are a user located in the
European Economic Area (EEA): the personal data that we receive and collect from you may
be transferred to, and stored at, a destination outside the EEA. It may also be processed by
staff operating outside the EEA who work for us or for one of our suppliers.
Such countries may not have the same data protection laws as the EU. In the event your
personal information is transferred to such countries, we have ensured that appropriate
safeguards are put in place to protect your privacy rights and give you remedies in the
unlikely event of a misuse of your personal information.
We will not otherwise transfer your personal data outside of the EEA.
YOUR RIGHTS
Under data protection laws, you have the following rights, which you can enjoy free of
charge:
1. Right of transparency and information about how we use your personal information.
2. Right to ask us to confirm whether or not we hold any personal information from
you and if we do, the right to ask us what information we have stored about you and
for a copy of that information.
3. Right to rectify any inaccurate personal data we hold about you or to complete any
incomplete information.
4. Right to have all personal data we keep from you erased in the following situations:
- the personal data are no longer necessary in relation to the purpose for which it
was collected;
- you have withdrawn your consent to process your data and we do not have any
other legal ground to keep processing your data;
- you object to the processing of your data while we do not have any overriding
legitimate grounds to do so;
- your data have been unlawfully processed.
5. Right of restriction of processing
You have the right to ask us to restrict the processing of your personal data if either
one of the following applies:
- if you contest the accuracy of the personal data, for a period so long that we can
verify the accuracy of your personal data;
- if the processing is unlawful and you oppose the erasure of your data and ask for
a restriction instead;
- we do no longer need your personal data for the purpose for which it was
collected, but you require your data for the purpose of establishment, exercise or
defence of legal claims;
- you have objected to the processing pending verification of the legitimate
grounds to override such objection.
6. Right to object to:
- processing of personal data concerning you based on legitimate interests or the
performance of a task in the public interest. Such objection must be based on
grounds relating to your particular situation. We are obliged to stop processing
your data, unless either we can demonstrate that we have compelling legitimate
grounds to override your interests, rights and freedoms or the processing is for
the establishment, exercise or defence of legal claims;
- direct marketing.
7. Right to withdraw consent you have given us to process your personal data, where
consent is being relied on as the lawful basis of such processing.
8. Right to receive the personal data concerning you in a structured, commonly used,
machine-readable format and, if technically possible, have this transferred to
another service provider.
You can exercise your rights by checking certain boxes on the forms we use to collect your
data, by adjusting your settings in your profile and by contacting us. We may request you for
proof of identity and address when you exercise your rights.
CHANGES TO THIS POLICY
We may make changes to this Policy from time to time. We will notify you via our App if any
material changes have been made to this Policy and/or we may e-mail you our revised
Policy. If we need your renewed consent for anything, we will ask you for it.
MAKE A COMPLAINT
If you encounter any problems in relation to the use of your personal information, please
contact us so we can try to resolve your issue or concern. If you are a user based in an EU
member state you also have the right to lodge a complaint with the supervisory authority in
the EU member state where you work, normally live or where any alleged data infringement
of data protection has occurred.
HOW TO CONTACT US
Questions, comments and requests regarding this Policy are welcomed and should be
addressed to the data controller:
The Vibe Fitness Ltd
Level 6/135 Broadway
Newmarket
Auckland 1023
New Zealand
e-mail: (….)
© 2018 The Vibe Fitness Ltd