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Privacy Policy

1. About this privacy policy

This document sets out the policy of Lifelong Wellness Limited 9133600 NZBN 9429051928650 also known as Hypha, relating to the privacy of your personal information (Privacy Policy).

 

Hypha is committed to protecting the privacy of the personal information it collects and receives. Hypha is bound by the New Zealand Privacy Principles (NZPPs) contained in the New Zealand Privacy Act 2020 (Act). This Privacy Policy applies to all your dealings with Hypha whether at our gym or via our website (www.hypha.fit).

This Privacy Policy seeks to explain:

  • the kinds of personal information Hypha collects & holds;

  • how Hypha collects and holds your personal information;

  • why Hypha collects, holds, uses and discloses your personal information; how you may access and seek the correction of your personal information as held by Hypha;

  • how you may complain about a breach of the NZPPs or a registered NZPP code (if any) that Hypha are bound by, and how Hypha will deal with such a complaint; and

  • if Hypha is likely to disclose your personal information to overseas recipients and the countries in which such recipients are likely to be located (if it is practicable to specify those countries in this policy).

 

By using Hypha website www.hypha.fit, completing any membership application forms, contact us/enquiry forms and/or competition entry forms, you accept this Privacy Policy and expressly consent to Hypha’ collection, use and disclosure of your personal information in the manner described in this Privacy Policy.

2. Your Personal Information

Hypha only collects personal information (being information that identifies or could reasonably identify an individual) where Hypha considers it to be reasonably necessary for Hypha’s services, functions and activities. Hypha collects personal information to deliver our products and services to members including in circumstances when:

  • processing and managing membership applications;

  • facilitating members & drop-in members gym access;

  • conducting marketing activities, research & special offers;

  • accurately identifying who is using Hypha’s services;

  • communicating with members & website visitors to Hypha’s website and online enquiries;

  • profiling our members & their interests; and / or

  • operating Hypha’s business.


The types of information Hypha collects includes:

  • name, age, gender, date of birth & next of kin;

  • health information (height, weight, medical conditions);

  • health and fitness goals;

  • license and banking details;

  • contact details (including phone, fax and e-mail);

  • views and opinions; and

  • responses to forms and surveys (if any).

3. How Hypha collects your personal information

Hypha will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.

Hypha will collect directly personal information:

  • by email;

  • over the telephone (including calls and SMS);

  • via social media and over the intranet (including surveys);

  • by written correspondence (such as letters, faxes);

  • on hard copy forms (including registration forms, competition entry forms and surveys);

  • in person; or

  • through Hypha website (membership applications, online purchases, web form submission or participation in a live chat); and

  • electronic systems such as applications.


Hypha may collect information from third parties including:

  • our coaches;

  • software applications we use at the gym to sign you up or being our experience alive (e.g. GoCardless, SugarWod)

  • market researchers & direct marketing providers;

  • parents or guardians of underage members;

  • our current members (refer a friend);

  • the Inland Revenue (IR) and the Financial Markets Authority (FMA); and

  • public sources (directories, membership lists, professional and trade associations, FMA, bankruptcy or court registry searches).

4. Using your personal information

The main purposes for which Hypha collects, holds, uses and discloses personal information are to provide services and benefits to members, and to grow Hypha’s membership. Hypha collects information to service its members.

Hypha can use your information to:

  • process applications for memberships;

  • understand Hypha’s members’ needs and requirements;

  • manage & run Hypha website & social media platforms;

  • providing you with information about Hypha services;

  • delivering or enhancing Hypha’s products and services;

  • help Hypha maximise the benefits provided to members;

  • any other purpose directly related to Hypha’s business and for which you have provided consent (where it is reasonably required by law).


Hypha’s website requires subscriptions or registrations to use certain services, functions or content. You will know what information is being collected via these processes when you complete the relevant forms and provide the required details prior to submitting the application.

Hypha will collect data relating to any transactions you carry out through Hypha’s website and the fulfilment of your order. Hypha may also use your data to monitor for any unauthorised use of Hypha’s website, content or subscriptions to Hypha’s services.

5. Purpose of collection

If Hypha collects personal information for a purpose (the primary purpose), Hypha will not use or disclose the information for any other purpose (the secondary purpose) unless:

  • you would have consented to the use or disclosure of your personal information; or

  • in relation to the use or disclosure of your personal information:

    • you would reasonably expect Hypha to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose;

    • use or disclosure is required or authorised under New Zealand law or a court/tribunal;

    • a permitted situation exists in relation to Hypha’s use or disclosure of the information;

    • Hypha reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.


If Hypha uses or discloses your information because Hypha reasonably believes that the use or disclosure of your information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, Hypha will make a written note of the use or disclosure.

6. Do you have to provide personal information?

You can refuse to provide personal information. However, a refusal may mean that the service you request is not provided or membership will be refused or forfeited.

7. Sharing your personal information

Hypha may use and disclose personal information for related purposes to third parties. Types of organisations to whom Hypha may disclose your personal information includes:

  • government bodies such as IR, FMA, Ministry of Business, Innovation and Employment and the police or courts (as required by law);

  • various law enforcement agencies and governments for security, customs and immigration purposes;

  • banking service providers;

  • rewards partner program providers;

  • professional or government organisations; and

  • Hypha’s contracted service providers including:

    • information technology service providers;

    • o planning research and development providers;

    • o conference organisers;

    • o marketing and communications agencies;

    • o mailing houses, freight and courier services;

    • o printers & distributors of marketing material;

    • o debt collectors and banks;

    • o personal trainers; and

    • o external advisers (recruiters, auditors & lawyers).


Hypha does not rent, sell or exchange your personal information to third parties without your prior approval.

8. Government Identifiers

Hypha does not accept, use or disclose government related unique identifiers (such as a IRD numbers or license number) as Hypha’s own identifier for you.

9. Cookies

To improve Hypha’s services, Hypha sometimes collects de-identified information from web users. The information collected does not identify an individual but does help Hypha to analyse and improve its web services.

When you visit Hypha’s website, a record of your visit is logged and the following data is supplied by your browser:

  • your IP address and/or domain name;

  • your operating system (type of browser & platform);

  • the date, time and length of your visit; and

  • the resources you accessed or downloaded.

 

Hypha uses this information to customise the website for visitors and to collect data for analysis, quality control, administration and improving the website. It is not used for any other purpose. Aggregated data may be shared with third parties.

 

You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.

10. Links to other websites

Links to third party websites that Hypha does not operate or control are provided for your convenience. Hypha is not responsible for the privacy or security practices of those websites. Third party websites should have their own privacy and security policies which Hypha encourages you to read before supplying any personal information to them.

11. Direct Marketing

If Hypha holds your information, Hypha may use or disclose that information (other than sensitive information) for direct marketing if:

  • Hypha collected the information from you; and

  • you understood or it was disclosed to you at the time of collection of the information that it was for that purpose; and

  • Hypha provided you with a simple way to opt out of receiving direct marketing from Hypha; and

  • you have not made such an opt out request to Hypha.


Hypha may also use or disclose your information (other than sensitive information) for direct marketing if:

  • Hypha collected the information from you and you would not reasonably expect Hypha to use or disclose the information for that purpose or someone other than you; and

  • either:

    • you have consented to the use or disclosure of the information for that purpose; or

    • it is impracticable to obtain that consent; and

    • Hypha provided you with a simple way to opt out of receiving direct marketing from Hypha; and · in each direct marketing communication with you:

    • Hypha includes a prominent statement that you can request to opt out; or

    • Hypha otherwise draws your attention to the fact that you can request to opt out; and

    • you have not made such a request to Hypha.


Hypha can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing.


Hypha may also use or disclose your personal information for direct marketing if:

  • Hypha are a contracted service provider for a government contract; and

  • Hypha collected your information in order to meet an obligation under that contract; and

  • the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

If Hypha has collected the personal information that Hypha used to send you direct marketing material from a third party, you can ask Hypha to notify you of its source of information. It is Hypha’s policy is to do so unless it is unreasonable or impracticable.

12. How to opt out of direct marketing

If Hypha uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from Hypha.


If Hypha uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that Hypha does not use or disclose your information for this purpose.


Hypha will give effect to your request not to receive direct marketing from Hypha or an entity facilitated by Hypha within a reasonable time after the request is made.

13. Protecting your personal information

Hypha stores information in different ways, including paper and electronic form. Hypha takes reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure including:

  • secure password protected databases for storage;

  • confidentiality requirements of staff;

  • security firewalls for access to Hypha’s systems;

  • servers kept at a secure location with limited access;

  • document storage security requirements;

  • granting access only to verified individuals;

  • access controls for Hypha’s buildings;

  • limited the provision of personal information to third parties and subject to guarantees about use; and

  • training staff to deal with the information.


Hypha cannot guarantee that personal information will be protected against unauthorized access or misuse and Hypha does not accept any liability for the improper actions of unauthorised third parties.


Hypha will retain your personal information for as long as necessary to fulfil Hypha’s obligations to you, to protect its legal interests, to comply with laws or as otherwise stated to you when Hypha collects your personal information.


Once Hypha is no longer required to retain your personal information, Hypha will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.

14. Disclosing your personal information overseas

Hypha may disclose your personal information to other third party service providers operating outside New Zealand who work with Hypha or one of Hypha’s suppliers, agents, or partners. Hypha may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.


Before disclosing your personal information to an overseas third party, Hypha will first take reasonable steps to ensure that the overseas recipient:

  • does not breach the New Zealand Privacy Principles in relation to your personal information; or

  • the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the New Zealand Privacy Principles protect the information.


Personal information may be disclosed by Hypha to other Hypha entities and third parties in jurisdictions including: Australia, New Zealand, United States of America and the Netherlands. The European Commission has recognized each of these countries as providing adequate protection of personal information.


To make it easy for you to deal with Hypha and other Hypha entities and provide you with a more personal and consistent experience, Hypha may exchange and combine personal information with other Hypha entities for the purposes described in this Privacy Policy.


If your personal information is collected using a document that references this Privacy Policy, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of New Zealand.


You acknowledge and understand that by providing such consent:

  • Hypha will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the NZPP;

  • if the overseas recipient handles your personal information in breach of the NZPPs:

    • Hypha will not be liable under the Act; and

    • you will not be able to seek redress under Act.

  • the overseas recipient may not be subject to any privacy law or principles similar to the APPs;

  • you may be unable to seek redress overseas;

  • the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority. If you withdraw consent, Hypha will not rely on this consent when dealing with your personal information going forward.

15. Anonymity

You have the option of not identifying yourself or using a pseudonym when dealing with Hypha provided that is it lawful and practicable.


Hypha will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:

  • Hypha is required/authorised by law or court/tribunal order to deal with identified individuals; or

  • it is impracticable for Hypha to deal with individuals who have not identified themselves.


It is Hypha’s policy to enable you to access Hypha’s website and make general phone queries without having to identify yourself and to enable you to respond to Hypha’s surveys anonymously.


In some cases however, if you don't provide Hypha with your personal information when requested, Hypha may not be able to respond to your request or provide you with our service. For example, you must identify yourself to become a Hypha member or franchisee.

16. Accessing to your personal information

You have the right, upon request, to access any of Hypha’s records containing your personal information.


To request access to your personal information please contact the Privacy Officer, set out at the end of this Policy.


Hypha will respond to your request to access your personal information within a reasonable period of time.


On the basis that it is reasonable and practicable to do so, Hypha will give you access to the information requested.


If Hypha refuses your request to access personal information, Hypha will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.


Reasons for a refusal may include if it:

  • poses a serious threat to the life, health or safety;

  • would have unreasonable impact on privacy of others;

  • is frivolous or vexatious;

  • relates to legal proceedings;

  • reveals Hypha’s intentions or prejudice any negotiations;

  • would be unlawful;

  • is required or authorised by law or court/tribunal order;

  • is likely to prejudice enforcement related activities; or

  • relates to a commercially sensitive decision process.


When you make a request to access personal information, Hypha will require you to provide some form of identification (such as a driver's licence or passport) so Hypha can verify that you are the person to whom the information relates.

17. Keeping your personal information accurate

Hypha will take reasonable steps to ensure Hypha’s records of personal information are accurate, up to date and complete.


However, the accuracy of information depends to a large extent on the information you provide.


If you do not give Hypha all the personal information Hypha may require, or the personal information provided is inaccurate or incomplete, then the products, services and information Hypha provide may be affected.


If you think there is something wrong with the information Hypha holds about you please contact the Privacy Officer to:

  • let Hypha know if there are any errors; and

  • keep Hypha up-to-date with any changes,

and Hypha will try to correct your personal information.


Hypha will respond to your request to correct your personal information and in a reasonable period of time. If Hypha refuses your request, Hypha will provide you with a written notice setting out the reasons for the refusal and mechanisms available to complain about the refusal.


If Hypha refuses to correct your personal information, you may request that Hypha associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. Hypha will take reasonable steps to make the statement visible to users of your personal information.


If Hypha does correct your personal information and Hypha has previously disclosed your personal information to a third party, upon your request, Hypha will notify that third party of the correction unless it is impracticable or unlawful to do so.

18. Resolving your privacy issues

If you have any issues you wish to discuss with Hypha or if you’re concerned about how Hypha has collected or managed your personal information please contact the Privacy Officer.


For information about privacy or if your concerns are not resolved, contact the Office of the Privacy Commissioner at https://www.privacy.org.nz and on (09) 302 8680.

19. Changes and access to this privacy policy

Hypha may, from time to time, review and update this privacy policy to take account of new laws and changes to Hypha’s operations. Changes to this Privacy Policy will not affect Hypha’s use of previously provided information.


This Privacy Policy is available on Hypha’s website at www.hypha.fit. A printed Privacy Policy can be obtained free of charge by contacting the Privacy Officer.

20. Hypha Privacy Officer

Hypha’s privacy officer can be contacted at:

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