Les Mills Media Ltd

LES MILLS On Demand PRIVACY POLICY

Last updated 03 May 2018

Les Mills Media Limited (“LMM”) operates the lesmillsondemand.com website (including all content and functionality available through the lesmillsondemand.com domain name and any country or region specific domains or sub domains) (jointly referred to as the “site”).

LMM is committed to ensuring the privacy and protection of information users enter into the site. The following privacy policy governs LMM’s practices for information collection, use and retention on the site. It should be read with:

(1). the standard website terms and conditions of use of the site (“Website Terms of Use”), found here.

(2). Any other policy developed by LMM from time to time and notified on the site or any part of the site (including the Les Mills On Demand Terms of Use if you are a subscriber).

This policy may change from time to time and, if it does, the latest version will be available on our website or our app (and, where appropriate, brought to your attention). This privacy policy was last updated on 4 May 2018.

Key Points:
  • Les Mills Media Limited is the data controller of personal information processed through your use of our website or app.
  • The type of the personal information processed by us includes information that you provide when using our site or services, technical information about your device, settings and website use, information that we receive from third parties, such as other website providers, ad networks, social media companies and health and fitness clubs and, where applicable, information relating to your role as instructor.
  • We use your data, amongst other things, to provide you with our site and services or information about our site and services, tailor our services to you, carry out analysis of our services, provide (or allow others to provide) targeted ads, comply with any legal or regulatory obligation and (if you are an instructor) assess your performance and provide information relating to your role.
  • We may send you marketing materials relating to our services which you can opt out of at any time.
  • We share data with our service providers and other third parties for the performance of our contractual obligations to you, to provide you with information, for the serving of advertising and (where relevant) run credit and background checks.
  • You have a number of rights that you may exercise in relation to our use of your personal data, and you may exercise these by contacting us through the communication methods set out in the 'Your rights' section below.

WHO ARE WE


In this policy:

— "we" or "LMM" means Les Mills Media Limited

— "you" means you, the person using our services, or visiting the site

— "Group Companies" means Les Mills International Limited and all subsidiaries and affiliate companies from time to time owned by Les Mills International Limited (other than us) providing fitness-related goods and services. If you require a full list of entities comprising the Group Companies, please contact us as described in the “Contact” section below.

“Les Mills Group” means us and the Group Companies.

— “Services” means the Les Mills On Demand subscription service. The Services may be provided to you on our desktop site, or via our app.

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INFORMATION WE COLLECT ABOUT YOU


We will collect and process the following information about you:

Information you give us

This is information about you that you give us when you browse or use the site, correspond with us by phone, SMS, email, social media or otherwise. It includes information you provide when:

  • You register to use our site;
  • Subscribe to our service;
  • place an order on our site;
  • Place an order on our site;
  • participate in discussion boards or other social media functions on our site;
  • Enter a competition;
  • When you report a problem with our site;

The information you give us may include your name, address, date of birth, e-mail address and phone number, financial and credit card information, personal description and photographs, videos, images or comments.

Information we collect about you

With regard to each of your visits to our site we will automatically collect the following information:

  • technical information, including the IP address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, anonymised location data, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full URL, clickstream to, through and from our site (including date and time), pages or products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.

Information we receive from other sources

Other Les Mills websites: We may receive information about you if you use any of the other websites operated by Les Mills Companies or the other services the Les Mills Companies provide.

Third parties: We also work closely with third parties (including, for example, business partners, authorised distributors, health and/or fitness clubs or any other organization that Les Mills has licensed to conduct Les Mills programs (“Licensed Clubs”), sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, advertisers, search information providers, credit reference agencies, third parties that enable sign on functionality and social network integration) and may receive information about you from them.

Social Media: If you connect with us via certain social media platforms, or you choose to use features on this site or the websites of other Les Mills Companies that connect to your online profiles or social media accounts (“Social Media Accounts”), we may collect any information that you permit through your settings on those Social Media Accounts. For example, if you log in to our site using your Facebook account and you have allowed Facebook to share your profile information with us, we may collect that information. Information we receive from your Social Media Accounts may include email address, first and last name, location (hometown and country), gender, date of birth, likes, interests, number of connections, occupation, posts or other social activity. The information that your social media platform may provide to us via your Social Media Account may change from time to time. Please review your Social Media Account privacy settings to control what information is shared with us.

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HOW YOUR INFORMATION WILL BE USED

We use information held about you in the following ways.

Whenever possible, we anonymise the data so that it cannot be connected to any individual person.

Information you give to us (including through Social Media Accounts)

A. We process data for the following purposes based on our legitimate interests:

  • Provide the requested Services to you and to administer any payments for those Services;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer;
  • to tailor your experience on the site;
  • for data analysis, testing, research, statistical, editorial, feedback and survey purposes;
  • to comply with legal and regulatory requirements.

B. We will process data for the following purposes based on our performance of a contract:

  • to carry out our obligations arising from any contracts entered into between you and us;
  • respond to your queries;
  • to provide you with the information, products and services that you request from us;
  • to notify you about changes to our service;
  • to allow you to share information on our site on third party social media platforms.

C. We will process data for the following purposes based on your consent:

  • to provide you with the latest information and offers relating to health and fitness, or allow authorised third parties to provide information to you about goods and services;
  • to sign you up to Reebok One in order to be able to receive a 25% discount if you are a Les Mills instructor.

Information we collect about you

A. We will process data for the following purposes based on our legitimate interests:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • as part of our efforts to keep our site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them;
  • to provide (or permit third parties to provide) targeted advertising via websites you visit about goods or services that you may find interesting (see more on this in our Cookies Notice below);
  • To track the progress and number of entries in competitions and promotions.

B. We will process data for the following purposes based on your consent:

  • to allow you to participate in interactive features of our service when you choose to do so.

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DISCLOSURE OF YOUR INFORMATION

Service Providers

For some of the purposes for which we use personal data (see above), we will engage a third party. If such third party needs access to personal data to carry out its task, we will share the data with them, we will ensure that the third party will only use the data based on our instructions. Such a party is a processor on our behalf and we remain responsible for your data. We will engage the following processors:

  • Companies that provide services to us (including Les Mills Companies) such as vendors, service providers, and other partners who globally support our business. These third parties provide services such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this policy and the agreements we enter into with them; and
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site. We want our site and advertising to be as relevant and interesting to you as it can be. With this in mind, we use all of the information we have about you to show you relevant ads, and in order to be able to optimize our site. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you.

Other Third Parties

We will, based either on your explicit consent, or otherwise when we have the right to do so according to applicable personal data regulations, share your personal information with:

  • Les Mills Companies;
  • the following selected third parties:
    • business partners, authorised distributors, suppliers, service providers, Les Mills licensed clubs and sub-contractors for the performance of any contract we enter into with you;
    • business partners, authorised distributors, suppliers, service providers, Les Mills licensed clubs and sub-contractors to provide you with information about promotions and offers, or for any of the other purposes described the “How your information will be used” section above;
    • advertisers and advertising networks that require the data to select and serve relevant advertising to you and others. Except as stated in the bullet point directly below, we do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their ad on any given day). We will also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women within a certain postcode). We will make use of the personal information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertising to that target audience;
    • social media or other similar platforms so that we can serve relevant content to you via that platform. For example, we may share your email address with Facebook so that we can include you within a custom audience that we (or a third party on our behalf) will serve content to on Facebook, or we may create an audience of other Facebook users based on the information in your Facebook profile;
    • credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

Disclosure under certain circumstances

We will, based either on your explicit consent, or otherwise when we have the right to do so according to applicable personal data regulations also disclose your personal information to third parties in the following circumstances:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal information to the prospective seller or buyer of such business or assets;
  • If LMM or substantially all of its assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use (www.lesmills.com/website-terms/) or purchase terms and other agreements; or to protect the rights, property, or safety of any Les Mills Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
  • Where you have otherwise consented that we may do so.

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WHERE WE STORE YOUR INFORMATION AND INTERNATIONAL TRANSFERS

Individuals (especially within the European Economic Area, or “EEA”) should be aware that we and other third party recipients of their personal information, such as the Les Mills Companies or our service providers will not be located within your jurisdiction or within the EEA. For instance, personal data may be transferred to New Zealand in connection with the purposes stated above. Steps will be taken to protect your personal information in that instance consistent with applicable law, for example entering into contractual clauses which mirror the EC-model clauses where personal data concerning EU citizens is shared with a party outside the EEA based in a country which is deemed not to have adequate data protection safeguards in place.

All information you provide to us is stored on our secure servers or on the secure servers or secure services controlled by third parties on our behalf. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this 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 information, we cannot guarantee the security of your data transmitted to our site; 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.

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DATA RETENTION

We retain the personal information we collect only if we need it to support justifiable business requirements or when our lawful purposes for using the information requires retention. When we no longer require personal information we or our third party suppliers will securely delete and/or archive the information. For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact us at support@lesmillsondemand.com.

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SECURITY OF YOUR INFORMATION

To help protect the privacy of data and personally identifiable information you transmit through use of our site and portals, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.

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SOCIAL NETWORKS

You may be able to log in to our site using social sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this site to your profile page to share with others within your network.

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LINKED SITES

The site may contain links to other websites. We are not responsible for the reliability of the content or privacy practices of such other websites.

Our site may also contain social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are also governed by the privacy policy of the company providing it.

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PUBLIC FORUMS

We may provide you with chat features, instant messaging, message boards, community forums and/or news groups through the site or otherwise. Please remember that any information that you disclose in public areas of the site will become public information, and be accessible to the public. We do not intend (but reserve the right) to monitor, moderate or screen the contents of user postings. We bear no responsibility for any such content and you should be cautious when considering whether to disclose your personal information in the on the site through public or private forums.

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CHILDREN

We do not knowingly collect information from children under the age of 13 and the site and app are not targeted to children under the age of 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.

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LOST OR STOLEN INFORMATION

You must not share your user same or password with anybody and you should keep these secure. Please notify us promptly if your user name or password is lost, stolen or used without permission. Upon notice, we will cancel that user name or password and update our records accordingly. We recommend that different passwords are used for all of your online accounts.

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OPT-OUT OPTION

You have the right to decline use of personal information for marketing communications. The records for those individuals who request that their personal information not be used for future marketing mailings will be marked in our records so that their names will be excluded from any contact of that type in the future unless they later request or agree to future contact.

You can “opt-out” by:

  • using the contact details provided for this purpose in our mailing to you;
  • using the “unsubscribe” option at the foot of any electronic communication we send to you; or
  • by emailing us at support@lesmillsondemand.com.

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YOUR RIGHTS: ACCESS TO YOUR PERSONAL INFORMATION

You have the right to request access to certain personal data that we hold about you including any information we have shared to our Group Companies for direct marketing purposes, subject to certain conditions and limited exceptions set out in relevant data privacy laws.

If you wish to do so, please email your request to support@lesmillsondemand.com.

We will be as open as we can with you but sometimes we might not hold any personal information about you or may have to withhold personal information from you. For example, where the information is not personal information about you, is commercially sensitive, is legally privileged, relates to the personal information of another person, or it may impact on the safety or security of our employees or customers to release it. In these circumstances, we will withhold the information but we'll tell you why.

You have the right to ask us not to use your personal information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at support@lesmillsondemand.com.

You may also have special rights under data protection legislation in the European Union, in addition to those rights set out above. If this legislation applies to you, you may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside the Les Mills Companies might have received the data from us; what the source of the information was (if you didn’t provide it directly to us); and how long it will be stored. You have a right to:

  • request that we correct (rectify) the record of your personal data maintained by us if it is inaccurate or out of date;
  • request that we erase that data or cease processing it, subject to certain exceptions;
  • ask us not to process your personal information for the legitimate interests that we have set out above. In certain circumstances we may not be able to stop using your personal information but, if that is the case, we'll let you know and tell you why;
  • receive the personal information that you have provided to us in a structured, commonly used and machine-readable format, and to transmit that data to another data controller; and
  • lodge a complaint with the appropriate data protection authority if you have concerns about how we processes your personal data.

If you wish to exercise any of the above rights, please your request to support@lesmillsondemand.com.

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CHANGES TO THIS POLICY

We may update or change this Privacy Policy at any time. We will tell you about any changes by posting an updated policy on our website. Any such modification will be effective immediately upon posting on the site and your continued use of the site following such posting constitutes your acceptance of the revised Privacy Policy.

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CONTACT

To exercise your opt-out privileges, access your user information, obtain more information about this Privacy Policy or advise us of other matters regarding your experiences with LMM or the site, please contact us by post of email at:

Les Mills Media Limited, 22 Centre Street, Auckland 1010, New Zealand Email: support@lesmillsondemand.com.

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COOKIE NOTICE

The site uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse the site and also allows us to improve the site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the site. They include, for example, cookies that enable you to log into secure areas of the site.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way the site works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to the site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to the site, the pages you have visited and the links you have followed. We will use this information to make the site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Some pages of the site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that typically work in conjunction with cookies to identify our users and user behaviour over time, for example, to count users who have visited certain web pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies on our site, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Advertising networks in particular may collect information about your online activities over time and across different websites and use this information to provide you with interest-based (behavioural) advertising or other targeted content. If you'd like to opt out of interest based advertising, please go to the Network Advertising Initiative website here - http://www.networkadvertising.org/choices/ - please note that we're not responsible for the content of external websites.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the site.

If you download an app to receive the services in respect of this site, we will also (where you agree that we may do so) collect geo-location data in relation to the device that you are using.

While your browser may also allow you to send a “do not track” signal when you visit our site, we do not modify our practices in response to the signal. We will continue to comply with this Privacy Policy in any event.

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