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Tuesday, June 28, 2016

MOBILE APP Privacy Policy

Version 1.0

Les Mills International Limited (jointly referred to as Les Mills) provides you with access to the mobile applications designed by Les Mills (the “App”). Les Mills is committed to ensuring the privacy and protection of personal information users enter into the App.

The following privacy policy (“Privacy Policy”) sets out Les Mills’ practices for the collection, use, disclosure, retention etc. of personal information on the App. Please read the Privacy Policy in conjunction with:

  1. Terms of use of the App found at http://www.lesmills.com/mobile-app-terms-of-use/;
  2. Any other policy developed by Les Mills from time to time and notified on the App.

Please take a moment to familiarise yourself with the Privacy Policy and let us know if you have any questions.

In this policy:

  • "we" or "Les Mills " means Les Mills International Limited (a company located in New Zealand) or any Les Mills company subsidiary or authorised distributor
  • "you" means you visiting and/or using the App

By downloading the App and using the App you agree that we may collect, retain, disclose and otherwise use personal information about you in accordance with the Privacy Policy.

  1. What Personal Information We Collect

We may collect (and/or receive from you) personal information about you (for example, including: your name, contact details, 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 the functionality offered by the App.

If you connect via Facebook, you allow the App to connect with your account on Facebook. We may, if you consent, access the photos on your device.

As you navigate within the App, we also automatically track, collect and store information about you, your desktop or tablet, computer, PDA, mobile telephone, telephone or other voice internet portals. This information may include the IP address of your device when connected to the internet and the domain name from which you access the internet; the operating system and browser your device uses; any search engine you are using; the date and time you are visiting and the pages you visit, or other data that you permit the App to access on your device including through permissions on your device.

When other users view your profile, they may be able to view your profile information, including your username.

The App may collect, use, and share your location data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If you consent, your location data may be tracked by the App.

  1. The Purpose 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”):

  • the provision or to facilitate the provision of Les Mills or third party information, products, services and promotions that may be of interest to you, unless you have specifically opted-out of receiving such information;
  • 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 conducting customer research or satisfaction surveys;
  • the management and monitoring of the performance of group fitness and analysing trends in group fitness performance in the fitness industry;
  • administering any contests or promotions you enter into;
  • where necessary for the purposes of any sale or transfer of our businesses; and
  • 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.

  1. Consent and Information Sharing

We may share your personal information with our affiliated companies, our distributors and carefully selected third party service providers 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.

Your personal information may also be made available to third parties providing relevant services under contract to us or to Les Mills, such as marketing agencies, auditors and compliance managers and IT hosting/services providers. These companies may use information about you to perform their functions on our behalf. 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 Les Mill, our employees, agents, and others, as well as to parties to whom you authorise us or Les Mills to release your personal information.

  1. 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.

  1. Children's Privacy

Les Mills does not knowingly collect information from children under the age of 13 and does not target the App to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.

  1. Cookies

A "cookie" is a file that allows us to track and target the interests of App users. We may use cookies to deliver content that is specific to your interests, save your password so you don't have to re-enter it each time you visit the App, and for other lawful purposes consistent with this Privacy Policy. The App may place a cookie on the hard drive of your computer and your browser may accept small identifying files from our system. While we recommend that you enable cookies on your browser in order to enjoy all the features of the App, the decision remains in your hands. Note that your browser may decline the cookie if it is set up to do so, but this may limit the functionality of the App.

  1. Linked websites

The App 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 site.

  1. Public Forums

We may provide you with chat features, instant messaging, message boards, community forums and/or news groups through the Online Community or otherwise. Please remember that any information that you disclose in the Online Community or other public areas of the App will become public information, and become accessible to all other members of the Online Community and 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 Online Community or any public or private forums.

  1. 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 App 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 App 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 the App is an internet-based application 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.

10.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.

11. Opt-Out Option

The personal information you provide us enables us to keep you posted on upcoming events or promotions which may be of interest to you. 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 through the settings on your device or on the App, or by contacting us at info@lesmills.com. Unless you have opted-out, the App may send push notifications to you.

12. Access to Your Personal Information

You have the right to 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 are also permitted to require proof of identity from any person making such a request.

13. Privacy Act 1993

This Privacy Policy is governed the New Zealand Privacy Act 1993.

14. Contact Us

To exercise any of your rights in relation to your data, opt-out from future marketing communications, access your user information, obtain more information about this Privacy Policy or advise us of other matters regarding your experiences with Les Mills or the App, please contact us by e-mail, post, telephone or fax. Please include your username and password.

Les Mills International

PO Box 91137

Auckland Mail Service Centre

New Zealand

Ph: +649 366 9900

Fax: +649 366 9901

Email: info@lesmills.com

15. Changing This Policy

We may update this Privacy Policy from time to time. Modifications will be effective immediately upon posting the updated Policy on the App and your continued use of the App following such posting constitutes your acceptance of the updated Privacy Policy.

16. Consent

By registering as a user of the App and using the App, you acknowledge and provide your consent to the collection, retention, disclosure and any other processing of your personal information for the Purposes and in accordance with this App.