1 Introduction
1.1 Application
We are committed to managing PersonalInformation in accordance with the Applicable Lawand in accordance with all other applicable privacylaws.
This Privacy Policy applies to the collection, use, disclosure and storage of Personal Information byFitBlazer, its subsidiaries, and related entities inconnection with the operation of the App.
We comply with the requirements of the relevantApplicable Law. To the extent of any inconsistency between this Privacy Policy and provision of theApplicable Law, the provisions of the ApplicableLaw will prevail.
1.2 Acceptance
By downloading, accessing, or using the App, you:
(a) acknowledge that you have read, understood, and accepted the terms of thisPrivacy Policy; and consent to the collection, use and storage ofPersonal Information as in accordance with this Privacy Policy
(b) information about how you interact with our services (including voice recordings of customer service enquires you make and feedback on our services).
(c) geolocation data to recommend events and fitness activities relevant to your current location and other locations based on general travel plans or preferences you may specify.
(d) medical history and other health information, including but not limited to, information on cardiovascular, respiratory, orthopaedic, metabolic, neurological, musculoskeletal conditions, and other health considerations. We will only collect sensitive information, including your health or medical information, with your express consent (which may be withdrawn by you at any time by contacting us), or where otherwise permitted by law)
2 Collection of Information
2.1 Information from Users We may collect the following categories of Personal Information in connection with the creation and management of your User Account:
(a) your contact information, including (but not limited to) your full name, email address(es), phone and mobile numbers,
and Internet Protocol (“IP”) address.
(b) your username, password, and other security-related information used to access your User Account.
(c) information about the device you use to access the App, including device type, operating system, and unique deviceidentifiers.
(d) financial information required to facilitate payments, such as billing details and payment card information (as and if required by third-party payment processors).
(e) information in identity documents, such as your passport, driver’s licence, or other government-issued identification, where required for verification or compliance purposes.
We may collect Personal Information when you use the App, including: (a) your service preferences, account history and records. You are not required to provide us with your Personal Information. However, if you choose not to provide certain required information, or if we are unable to collect certain information from you, you may be unable to create a User Account or access certain features, functionalities, or services of the App.
We only collect Personal Information where it is reasonably necessary for one or more of our functions or activities.
2.2 Information from External Service Providers
We may collect your Personal Information from External Service Providers in relation to the App, including (but not limited to) booking details, service preferences, and feedback on services provided by the External Service Providers.
2.3 Information from Publicly Available Sources
We may collect and process your Personal Information that is publicly available from social media, public forums, or other public platforms.
2.4 Information from Third Parties
We may collect Personal Information about you from third parties, including (but not limited to) providers that:
(a) assist in the delivery of our services;
(b) verify your identity or assist in fraud detection;
(c) process payments or manage financial transactions made via the App;
(d) facilitate user engagement, promotional activities, and marketing campaigns; or
(e) offer insights to enhance and improve our services, features, and user experience
3 Use of Information
We collect and use your Personal Information in accordance with your instructions, your consent, and the provisions of this Privacy Policy. The purposes for which we use your Personal Information include, but are not limited to, the following:
3.1 Providing Services
We may use your Personal Information to provide,personalise and improve our services to you.This includes (but is not limited to) the following
activities in connection with your use of the App:
(a) providing services in accordance with the Terms of Use.
(b) enabling access to and use of the App.
(c) managing and updating your User Account.
(d) facilitating bookings and communications with External Service Providers.
(e) processing payments and transactions.
(f) customising services based on your preferences.
(g) providing legal notice.
(h) notifying you of User Account activity.
(i) any other purpose you have consented to or that is necessary to provide our services in connection with the App.
You acknowledge and agree that Personal Information provided to any subsidiary within our group may be shared with, and used by, other subsidiaries within the group to enable the provision of our services in relation to the App.
3.2 Service Improvement
We may use your Personal Information to improve and optimise the App, our services, and user experience. This includes the following activities in connection with your use of the App:
(a) reviewing customer feedback and responding to complaints;
(b) testing, research and validation of our services;
(c) quality assurance for our interactions and communications with you;
(d) identifying and addressing technical or operational issues; or
(e) protecting and improving the security, performance, and functionality of the App.
3.3 Research and Development
We may use your Personal Information for research, development, testing, and analysis to enhance and improve the safety, quality, and performance of our services. Your Personal Information collected may be aggregated and anonymised to generate analytics, market insights, and performance reports. These insights may be used internally or shared externally as part of anonymised reports on trends, usage, and user experience. We may also use your Personal Information to seek your feedback through surveys or third-party platforms.
3.4 Marketing
We may use your Personal Information to market and promote our services and the App to you. You may opt out of receiving these communications at any time by:
(a) using the unsubscribe functionality in electronic communications; or
(b) contacting us at admin@fitblazer.co.nz. We will not disclose your Personal Information to third parties for the purpose of enabling them to send you direct marketing materials.
3.5 Complying with Legal Obligations
We may use or disclose your Personal Information to comply with our legal obligations, court orders, or regulatory requirements. This includes responding to lawful requests from law enforcement, regulatory authorities, or government bodies, as required under the Applicable Law.
4 Sharing of Information
4.1.1 We may share your Personal Information with third parties where it is necessary to provide our services, including (but not limited to):
(a) our members, affiliates, subsidiaries or any related companies, and the officers, directors, employees and representatives of each other;
(b) the External Service Providers;
(c) other third parties, including (but not limited to) service providers for user authentication and login services, cloud- storage providers, software-as-a-service providers, data analytics partners, marketing partners, and other third party providers; or
(d) our consultants, lawyers, accountants, insurers, and other professional advisors.
4.1.2 We may share your Personal Information with our subsidiaries and related companies located in New Zealand and/or Australia, as required to deliver our services. Unless otherwise specified, this Privacy Policy governs the collection, use, disclosure, and processing of your Personal Information by our subsidiaries and related companies. We take reasonable steps, as required by Applicable Law, to ensure that these entities comply with this Privacy Policy and provide a comparable standard of privacy protection.
4.1.3 In the event of corporate transaction (i.e., a sale, merger, acquisition, joint venture, assignment, transfer, reorganisation, bankruptcy or receivership), we may disclose your Personal Information as part of the due diligence process and transfer such information to the successor, acquirer, or affiliate involved in the transaction. Any entity that receives your information as part of such a transaction will be bound by the obligations set out in this Privacy Policy.
4.1.4 We may share your Personal Information in other lawful ways where you have expressly consented to such disclosure.
4.2 Cross-Border Disclosure of Personal Information FitBlazer is a New Zealand-based company. While we operate a single legal entity, our services are offered to users in both Australia and New Zealand, and your Personal Information may be accessed or processed by us in either country. By using the App, you acknowledge and consent to the access and processing of your Personal Information in both Australia and New Zealand.
For Australian Users: We take reasonable steps to ensure that any handling of your Personal Information outside Australia complies with the requirements of the Applicable Law, including the Australian Privacy Principles (APPs).
For New Zealand Users: We take reasonable steps to ensure that any handling of your Personal Information outside Australia complies with the requirements of the Applicable Law.
You may withdraw your consent to overseas access or processing of your Personal Information at any time by contacting us using the details provided in this Privacy Policy.
Where we transfer your Personal Information overseas to an international entity, that entity is required to comply with the Applicable Law and the terms of our Privacy Policy and we implement privacy safeguards and data handling arrangements to protect your information in accordance with the Applicable Law. You acknowledge and agree that:
(a) data protection laws in other countries may differ from the privacy standards in your jurisdiction; and
(b) by using the App and providing Personal Information, you consent to the transfer of your Personal Information to jurisdictions outside of your country of residence, including to countries that may not offer the same level of data protection.
5 Storing of Information
5.1 Retention and Deletion
5.1.1 We retain Personal Information as necessary to provide our services, maintain ongoing communication with you, and comply with our obligations under the Applicable Law.
5.1.2 To the extent permitted or required by the Applicable Law, we may retain your Personal Information for as long as your User Account remains active. If your User Account is deactivated, we may continue to retain your information for minimum period of seven (7) years, or for such other period as required.
5.1.3 We retain your Personal Information only for as long as necessary to provide our services and comply with legal obligations. When no longer required, we will take reasonable steps to destroy or de-identify the information.
5.2 Security
We take all reasonable steps to protect your Personal Information from unauthorised access, misuse, loss, alteration, or disclosure.
Personal Information is stored in secure electronicsystems and, where required, in physical hard-copy format. We regularly review and update our security practices to safeguard your Personal Information against evolving security threats
Despite our reasonable efforts to secure Personal Information, no method of transmission over the internet or electronic storage is entirely secure. Accordingly, you acknowledge and accept that we cannot guarantee absolute security for the transmission or storage of your Personal Information. We are not liable for any unauthorised access, disclosure, loss, or misuse of Personal Information that arises from circumstances beyond our reasonable control.
6 Anonymity and Pseudonymity
Where lawful and practicable, you have the option of not identifying yourself or using a pseudonym when dealing with us. However, this may limit your ability to access certain features of the App.
7 Cookies
We may use cookies to collect your Personal Information.
8 Third-Party Links
The App, including our email updates and other communications, may contain links to third-party websites or services that are not owned, operated, or controlled by us. We do not accept any responsibility for the content, functionality, or privacy practices of these third-party websites or services.
9 Your Rights
9.1.1 You may:
(a) withdraw any consent you have provided for us to store and use your Personal Information;
(b) request access to the Personal Information we hold about you; and
(c) request the correction of any inaccurate Personal Information we hold about you.
We will respond to access or correction requests to your Personal Information within a reasonable period, generally within 30 days. We may refuse access to your Personal Information in limited circumstances as permitted by law, and will provide written reasons in the event of such a refusal.
You can access and update most of your Personal information directly through your User Account in the App. If you require access to information not available through your User Account, you may contact us using the details provided in Section 13 of this Privacy Policy. We may charge an administration fee for processing such requests and will notify you of any fees before proceeding.
If you no longer wish to receive any marketing emails from us, or do not want your Personal Information disclosed for direct marketing purposes, you may update your notification preferences in the App by clicking Account > Notifications and saving your changes or you can use the unsubscribe option included in ourelectronic marketing communications
10 Data Breaches and Notifications
For Australian Users: We take data security seriously. In the event of adata breach involving Personal Information that is likely to result in serious harm, we will comply with our obligations under the Notifiable Data Breaches
(NDB) scheme in the Applicable Law. This includes assessing the breach, notifying affected individuals and the Office of the Australian Information Commissioner (OAIC) as soon as practicable, and taking steps to mitigate any harm.
For New Zealand Users We take data security seriously. In the event of a data breach involving Personal Information that is
likely to result in serious harm, we will comply with our obligations under the Applicable Law. This includes assessing the breach, notifying affected individuals and the Office of the Privacy Commissioner (New Zealand) as soon as practicable, and taking steps to mitigate any harm.
11 Changes to this Privacy Policy
We may modify this Privacy Policy at any time. Any changes will be communicated to you via email (using the address linked to your User Account) or
by displaying a prominent notice within the App. The amended Privacy Policy will be effective from the revision date and apply to all Personal Information collected or processed after that date. We encourage you to review this Privacy Policy periodically to stay informed about how we protect your Personal Information.
12 Complaints
12.1.1 If you have concerns that we have not met our obligations to you as required under the Applicable Law, you may contact us and make a complaint at the email listed at Section 13 of this Privacy Policy. We will endeavour to respond within 30 days of receiving your complaint, and where possible, provide an explanation for the outcome.
For Australian Users: If you are not satisfied with our response to any complaint you make in accordance with section
12.1.1, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC). Information about your rights and our obligations in respect to privacy and information on making a complaint are available from the Office of the Australian Information Commissioner (OAIC) at:
(a) Website: www.oaic.gov.au
(b) Email: enquiries@oaic.gov.au
For New Zealand Users: Information about your rights and our obligations in respect to privacy and information on making a complaint are available from the Office of the
Privacy Commissioner (New Zealand) at:
(a) Website: www.privacy.org.nz
(b) Email: investigations@privacy.org.nz
13 Contact Us
If you have any questions regarding this Privacy Policy or wish to request access or a correction of the information we hold about you, please contact our Privacy Officer at admin@fitblazer.co.nz.
14 Definitions
In this Privacy Policy, unless context otherwise requires:
14.1.1 “App” means the FitBlazer App, a mobile application that hosts a platform allowing users to view, book appointments and classes offered by various wellness and fitness providers (the “External Service Providers”).
14.1.2 “Applicable Law” means:
(a) For Australian Users: the Privacy Act 1988 (Cth) and any related instruments, regulations, or guidance material issued under the Privacy Act 1988 (Cth) as amended from time to time, including the Australian Privacy Principles (APPs), and any related instruments.
(b) For New Zealand Users: the Privacy Act 2020 and any related instruments, regulations, or guidance material issued under the Privacy Act 2020 as amended from time to time.
14.1.3 “Australian User” means any user whose primary residence is in Australia.
14.1.4 “External Service Provider” means any independent third-party fitness or wellness provider offering products, services, classes appointments, or other offerings through the App.
14.1.5 “FitBlazer”, “we”, “us” or “our” means FitBlazer Limited, a duly incorporated NZ Limited Company with registered offices in Hamilton, New Zealand with NZBN No 9429052047848, and its subsidiaries and affiliated companies.
14.1.6 “New Zealand User” means any user whose primary residence is in New Zealand.
14.1.7 “Personal Information” means any information about an identifiable individual as defined by the relevant Applicable Law.
14.1.8 “Privacy Policy” means this Privacy Policy and includes any schedules and other documents referred to in this Privacy Policy.
