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03 October 2016

LES MILLS Middle East Instructors Privacy Policy

Version 1.0

Les Mills provides you with access to the Les Mills Instructor Portal (“Instructor Portal”). Les Mills is committed to ensuring the privacy and protection of instructors’ personal information.

By registering as a user of the Instructor Portal (or otherwise providing us with your personal information) you agree that we may collect, retain, disclose, transfer and otherwise use your personal information about you in accordance with the Privacy Policy.

Please read the Privacy Policy in conjunction with:

(1) terms of use of the Instructor Portal found at https://lesmills.secure.force.com/portal/Terms_of_Use; and
(2) any other policy developed by Les Mills from time to time and notified on the Instructor Portal.

In this policy:
“affiliated companies” means LMI and all subsidiaries from time to time owned by LMI;
"we" or "Les Mills" means Les Mills Middle East Fitness LLC;
 “LMI” means Les Mills International Limited (a company located in New Zealand)

“personal information” means any information which identifies or is capable of identifying an individual living person and relating to that person, whether on its own or combined with other information held; and
“you" means you (being a Les Mills instructor).

1. What Information We Collect
We may collect (and/or receive from you or from others, including our licensed clubs) personal information about you (for example, including: your name, contact details, details of the classes and clubs you are affiliated with, purchasing history, payment information, event/training attendance, qualification information and hours worked and other information about you for the Purposes set out below in Section 2 (and as otherwise notified to you from time to time). Please note that if you choose not to supply the required personal information, you will not be able to utilize some or all of the services we offer you (including the Instructor Portal) and you may not be able to become an instructor.

As you navigate within the Instructor Portal, we also automatically track, collect and store information about you, your computer, PDA, telephone or other voice Internet portals. This information may include the IP address of your machine when connected to the Internet and the domain name from which you access the Internet; the operating system and browser your computer uses; any search engine you are using; and the URLs of the pages you visit.

2. The Purposes for Which We Collect and Use Personal Information 
By providing us with your personal information you are providing your consent to the processing of that personal information for the following purposes (the “Purposes”):
a)       the  review, management and administration of all aspects of your role (including performance, assessment and payment) as an instructor, including providing you with access to the Instructor Portal and information about training, assessment, certification, events and the supply of instructor releases;
b)       the provision or to facilitate the provision of information, products, services and promotions to you;
c)     the provision or to facilitate the provision of other Les Mills or third party information, products, services and promotions to you;
d)   your certification and continuing education and the provision of assessment and training information to your licensed club(s);
e)   ensuring that the licensed club(s) you are affiliated with are complying with their obligations to us;
f)     ensuring that you are complying with the terms of your Instructor Agreement and this Instructor Portal and for any legal proceedings arising in relation to it;
g)     for Les Mills’ internal purposes such as auditing, data analysis and research to improve our products, services and communications, assessing your interest in our products and services and/or the products and services of others (including our business partners) where lawful to do so, and conducting customer research or satisfaction surveys;
h)     the management and monitoring of the performance of group fitness (including Instructor performance) at Les Mills licensed facilities and analysing trends in group fitness performance in the fitness industry;
i)     administering any contests or promotions you enter into;
j)     where necessary for the purposes of any sale or transfer of our businesses;   
k) where lawful to do so, so our affiliated companies and/or selected business partners may provide information, products, services and promotions to you;  and
l)  for other purposes as legally required or lawfully permitted from time to time.

This list is not intended to be exhaustive and may be updated from time to time as business needs and legal requirements dictate.
 
All personal information held on you by us will be held and otherwise processed in accordance with all applicable laws and this Privacy Policy.

3. Consent and Information Sharing: Where lawful to do so we may share your personal information with our affiliated companies, carefully selected third party service providers, Licensed Clubs, carefully selected business partners (including, without limitation, Reebok (adidas International Trading BV)) and/or other Les Mills distributors for the Purposes. Some of these recipients may not be based in your home jurisdiction and may not offer the same level of protection. We will take reasonable steps to ensure your personal information is secure in accordance with applicable law.
 
Your personal information may also be made available to third parties providing relevant services to us or to LMI, such as marketing agencies, auditors and compliance managers and IT hosting/services providers. These companies may use information about you to perform their functions. We may also disclose specific information upon lawful request by government authorities, law enforcement and regulatory authorities where required or permitted by law and for tax or other purposes. Personal information may also be released to external parties in response to legal process, and when required to comply with laws, or to enforce our agreements, corporate policies, and terms of use, or to protect the rights, property or safety of us and LMI, our employees, agents, and others, as well as to parties to whom you authorise us or LMI to release your personal information.

4. Retention of Information
Personal information is retained for as long as necessary to fulfil the Purpose(s) for which it was collected and to comply with applicable laws. Your consent to such Purpose(s) remains valid after any termination of our relationship with you.

5. Cookies
The Instructor Portal uses cookies to distinguish you from other users of the Instructor Portal. This helps us to provide you with a good experience when you browse the Instructor Portal and also allows us to improve the website. By continuing to browse and/or use the Instructor Portal, you are agreeing to our use of cookies.
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 may use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the Instructor Portal. They include, for example, cookies that enable you to log into secure areas of the Instructor Portal.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Instructor Portal when they are using it. This helps us to improve the way the Instructor Portal 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 Instructor Portal. 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 Instructor Portal, the pages you have visited and the links you have followed. We will use this information to make the Instructor Portal 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 Instructor Portal 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, 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. We (and our affiliated companies) may partner with these advertising networks (or other service providers) to serve ads on our behalf across the Internet. These ads may be personalised for you, meaning that they are intended to be relevant to you based on non-personally identifiable information that we, our affiliated companies and/or the service provider collect about your online browsing activities over time.

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 Instructor Portal.

6. Linked websites
The Instructor Portal may offer links to third party websites. Other websites have their own terms of use and privacy policies. Les Mills is not responsible for how such third parties collect, use or disclose your personal information. If you choose to visit one of these websites, we encourage you to learn more about the policies that govern that particular website.

7. Security of Personal Information
Providing a secure and safe environment for your personal information is our highest priority. Les Mills will make commercially reasonable efforts to ensure that personal information entered by you into the Instructor Portal (or otherwise provided to us) is protected against loss and unauthorized access. This protection applies in relation to personal information stored in both electronic and hard copy form. Les Mills uses industry standard security techniques with respect to the Instructor Portal to help protect against the loss, misuse or modification of personal information that you have provided. While we implement the above security measures, you acknowledge that Internet-based applications (including the Instructor Portal) and the Internet is not a secure medium, therefore it may be subject to inadvertent or deliberate breaches of security.  Les Mills is not responsible for any loss or damage caused by inadvertent or deliberate breaches of security outside Les Mills’ reasonable control.

8. Lost or Stolen Information 
You must 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.

9. Opt-Out Option
The personal information you provide us enables us to keep you posted on matters relevant to your instructor role or upcoming events or promotions. It also helps us to deliver and improve our products and services, improve our communications, advertising, and administer any contests or similar promotions you might enter into.  If you don’t want to be on our mailing list, you can opt out any time by contacting us at InstructorTribe.LMME@lesmills.com. From time to time, we may use your personal information to send important notices, such as communications with respect to your instructor role and changes to our terms, conditions and policies. Because this information is important to your relationship with Les Mills, you may not opt out of receiving these communications. 

10. Access to Your Personal Information
Help us to keep our records correct by updating your instructor profile when your details change and alerting us to any inaccurate personal information. We will correct personal information that we reasonably believe is inaccurate as soon as reasonably possible.

You can access personal information held by us on you. You can request such access by writing to us at the address set out below. Once we have received your request we may charge you a nominal sum, where permitted to do so by law. We may also be permitted to require proof of identity from any person making such a request.