Privacy Policy

Privacy lives here

We want PocketTrainer to be a safe and trusted place. We do this via the products and services we build, and our commitment to your privacy. It’s important to us that you trust PocketTrainer and the things we do with your personal information.

This policy is straight up about how we collect, use, disclose and protect your personal information. We bring diverse people together in our PocketTrainer community, and we take our responsibility to protect your personal information very seriously. We collect and use your personal information to deliver our vision of changing the health and fitness industry collects and offers products and services to clients. We’re committed to following four principles in relation to your information:

 We will respect your privacy—our brand is built on trust and integrity.

We’re committed to being transparent and honest, so you know what we do with your personal information (including if something goes wrong).

We use personal information to add value to your life.

We avoid getting involved in anything creepy that could breach your trust.

If you have any questions about your privacy or this policy, please contact us. You can also learn more about your privacy rights by talking to the Office of the Privacy Commissioner.

 

1. What does this policy do?

1.1 This policy covers our “Services”, meaning services or products by:

PocketTrainer Limited such as the PocketTrainer webapp.

1.2 We are committed to your privacy and will comply with applicable privacy laws,

Including the Privacy Act 1993(and, from 1 December 2020, the Privacy Act 2020), any applicable Privacy Codes and other laws when dealing with your information.

 

2. What information do we collect?

We collect information so that we can provide you with our Services, and so that we can build new Services that will change the way the health and fitness industry collects and offers products and services to clients. We may collect the following information, some of which is personal information:

2.1 Information you give us, such as:

Account information. When you sign up for a Service, we may require your name, username, password, email address, date of birth, demographic information or other personal information.

Profile information. Certain Services may require you to complete a profile, which may include personal information such as your postal address, phone number, and gender. For other Services we may also collect photos connected to your profile if you upload or publish these.

Application forms. We collect information when you complete an application for our Services.

Payment information. We collect your financial information (like your bank account or credit card information) when you make payments through us or third parties using our Services (see below for how we use and hold this).Other information. You may otherwise provide us information directly (by email or in other formats), such as when you provide feedback, fill in a form, update or add information to our Services, respond to surveys or other research activities, post to message boards, participate in promotions, upload into our Services or use other features of our Services.

2.2 Information we automatically collect, such as:

Usage information. We collect information about your interactions with our Services, such as which pages are visited and used most regularly (eg: Weigh-in/ measurements page).We use this information to provide insight into how to update and provide better services to you.

Analytics. We automatically collect analytics information when you use our Services, even if you have not created an account or logged in. We may use third party providers to help us with this. Information collected includes, among other things: details about how you’ve used our Services (including links to third party applications), your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), and the pages, applications or services you’ve viewed or engaged with before or after using our Services.

Transaction and financial Information. We may collect information related to your transactions on our Services, including the date and time, amounts charged, and other related transaction details. Depending on your settings and the Services you use, we may collect financial information relating to your use of our Services and your financial history.

Via cookies and similar technologies. We use cookies, pixels, beacons and other similar technologies to collect and store information when you use our Services (e.g. through Google Analytics or Google Tag Manager) and this collection may occur across devices. Cookies may be “session” cookies (which temporarily store information and expire when you close your browser) or “persistent” cookies (e.g. when you select “remember me” when logging in). We may also allow our business partners to use these technologies on our Services (e.g. for advertising and remarketing), or engage others to track your behaviour on our behalf. You may disable the usage of cookies through your browser settings. Some Services also use social media features (e.g. the Facebook Like button or widgets, such as a share button or mini programmes running onsite) which may collect your IP address and the pages you visit, and which are generally governed by the terms of the social media business providing the features.

2.3 Information from third parties or external sources, such as:

Information from third party services you use. If you link, connect, or log in to your account with a third party service (e.g. Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings at that service.

Analytics information. We may collect analytics information from third parties (e.g. we may use Google Analytics, Google Analytics Demographics and Interest, Google AdWords, Flurry, and Nielsen//Online counting system). Analytics information is generally anonymised, but may include the device you’re using, the applications you use, your operating system, your IP address, and your geo-demographic information.

Advertising information. We may receive information about you and your activities on and off our Services through our partnerships, or about your experiences and interactions from our partner ad networks.

 

3. How do we use your information?

We use your personal information to provide you with Services and to maintain your trust in PocketTrainer and the people who use it. We also use your personal information with information from others so that we can analyse patterns across our data and improve our Services. For example, we can look across our Services to see user habits to make sure we invest in product improvements that deliver benefits. We may use your personal information in the following ways:

3.1 to help provide our Services, for example:

To manage our Services. We may provide, operate, protect, improve, optimise and otherwise manage our Services, including by using analytics, accounting and customer relationship management tools.

To conduct research. We may conduct internal research in relation to Users’ demographics, interests, and behaviour to better understand and serve our community.

For training purposes. We may use your personal information to help train and improve our staff who help provide or support the Services (e.g. customer support staff may have access to calls for training purposes).

3.2 for trust, safety and assurance, for example to:

Protect the rights, property or safety of Users, third parties or us. We may use your information to keep our Services safe, and to protect the rights of Users, third parties or us.

Ensure we comply with our obligations. We will use information to ensure we comply with the law, including disclosures authorised under the Privacy Act 1993.

Enforce agreements. We may use your information to enforce our agreements with Users or third parties.

Conduct investigations. We may use your information to conduct investigations relating to our Services and make risk assessments.

Allow our business to be audited. We may use your information to allow for auditing of our Services and businesses.

Verify the identity of users or third parties. We may verify your identity or authenticate information provided by you, including information relating to others.

3.3 for advertising and marketing, for example to:

Send you promotional messages, marketing or advertising about our Services, including customised promotions, marketing or advertising. We may send or show you promotional messages, marketing, advertising, and other information about our Services including information that we think may be of interest to you, for example through recommendations and suggestions on our websites or through email.

Send you third-party advertising (unless you opt out). We may send or show you third-party promotional messages, marketing, advertising (including on-site display advertising), and other information that may be of interest to you (including information about our business partners). For clarity, products and services advertised on our websites (e.g. on-site display ads showing messages from third parties) are not endorsed by PocketTrainer. We may make advertising space available on our website through certain advertising platforms.

Measure and improve our advertising. We may use your information to measure the effectiveness of our advertising and make improvements.

3.4 for other things, with your express consent.

We may disclose your information at your direction, or otherwise as you agree with us.

 

4. Who do we disclose your information to?

We may need to disclose your personal information to others to provide you with our Services, to improve our Services or uphold the law or our terms.

4.1 To authorities or other entities to uphold the law or our terms, for example:

For legal compliance or law enforcement purposes. We may disclose your personal information to courts, law enforcement or government agencies, or third parties, to the extent we believe that disclosure is appropriate or permitted by the Privacy Act.

To facilitate legal processes. If you wish to take Disputes Tribunal (or other) proceedings against another User, you can contact us for a statutory declaration form which must be completed before we will consider releasing anyone else’s information to you. You may only request contact details for the sole purpose of making a claim.

4.2 To others where necessary to reorganise or sell our business.

If we undertake or are involved in any merger, acquisition, reorganisation, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

4.3 To other third parties, where your identity is anonymised.

We may share non-personally identifiable information (e.g., aggregated information about our Users that we combine together so that it no longer identifies or references an individual User), for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes. For example, we may disclose aggregated anonymised information to Users of PocketTrainer for the purpose of understanding trends in the fitness industry.

4.4 To third party partners.

We may share personal information to our third party partners with your express consent, these may include but are not limited to; Ezypay limited, HNRY limited. These third party service providers have their own privacy policies and it would be best advised to seek instruction from these third parties as to how they collect and store your data.

 

5. How do we hold and protect your information?

We’re big on security. We publish lots of tips on how to keep your personal information secure. We also work hard to ensure we keep your personal information safe and to avoid any harm to you or your personal information. We would notify you and the Office of the Privacy Commissioner if a potentially harmful data breach of your personal information did occur. We delete personal information after it is no longer reasonably necessary for us to use it. In particular:

5.1 We use industry recognised security practices and measures.

We are committed to keeping your personal information as safe and secure as possible and follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

We continuously implement and update our administrative, technical, and physical security measures to help protect your personal information against unauthorised access, loss, destruction, or alteration. However, despite all of our measures we can’t 100% guarantee the security of the transmission or storage of your personal information.

5.2 We store your information in New Zealand or overseas subject to standards that will comply with our privacy obligations

You authorise us to transfer, store, and process your personal information in New Zealand and possibly other countries. Where we store information overseas, or a third party we use to provide our Services stores information overseas (e.g. Amazon Web Services), we will ensure that the storage complies with New Zealand privacy obligations.

5.3 We retain your information as long as reasonably required, unless we are legally required to hold it longer.

We will keep your personal information for as long as is reasonably required for us to use it in accordance with this policy, unless we are required by law to hold it longer.

Other personal information that is deleted by you may persist for a limited time in our backup systems.

5.4 Credit card Information is held subject to stringent payments industry standards.

Although PocketTrainer will collect payment information, through the means of credit/debit card or bank details, PocketTrainer does not have the responsibility of storing this information, EzyPay limited is fully responsible for the storage of this data after it is collected through PocketTrainer. Ezypay has a PCI compliance level 1, and this is regularly audited. For further details please look into Ezypay

PocketTrainer does not store any credit/debit card information.

 

6. How can I manage my information?

We know your circumstances, details and preferences will change. So, we’ve built a number of tools for you to manage your personal information. You can:

6.1 Update your information by:

Updating your account information. In most cases, you may review and update the account information we hold about you (such as your email address, password and phone numbers) by logging into the relevant Service and updating the information in your account. If this isn’t available and you want to update your information, please get in touch with us.

6.2 Ask us to update, provide or delete your information

If you have to cancel your account for any of our Services, please contact us.

 

7. How do we amend this policy?

We may make updates from time to time, however all updates will be notified by PocketTrainer Limited directly to the users of the PocketTrainer webapp.

 

8. What do the terms in this policy mean?

8.1 “User”

User means anyone using our Services, including any PocketTrainer member.

8.2 “personal information”

Personal information means information about an identifiable individual, as defined by the Privacy Act 1993.

8.3 “Services”

Services mean our Services, as defined in clause 1.1.

8.4 “you” or “your”

You or your, in relation to any personal information, means any individual who is identifiable from the personal information.