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Privacy Policy

June365
Privacy Policy
(Last updated 9.12.2021)

June365 Limited (“June365”) takes the privacy of personal information seriously and is committed to giving effect to relevant privacy legislation and wants you to be familiar with how we collect, use, disclose and protect any personal information you provide to us. This Privacy Policy describes our practices in connection with information that we collect when you sign up for a trial or subscription to our wellness program (the “Program”), use our software or mobile applications, sign up to our events, participate in a demonstration or trial, browse our website or use social media pages that we control, as well as through HTML-formatted email messages that we send to you (all collectively referred to as the “Services”). By using the Services, you agree to this Privacy Policy.

Please read this Privacy Policy carefully to understand our practices in relation to your personal information. Contact details of June365 can be found under the “Contact Us” section of this Privacy Policy.

THE INFORMATION WE COLLECT

We will need to ask you to provide personal information (being any information or opinion about an identified individual or from which an individual can reasonably be identified) when participating in the Program or using the Services, as described below. We may need to collect and use the information because we are either legally required or permitted to do so, it is necessary for our legitimate interests or because we need it to provide the Program, Services or other requested goods or services to you. If you do not provide the information when requested this may result in the Program not being correctly calibrated or personalised to you, or certain goods, Services or Program functionality not being available to you.

Where practicable, we are required to provide the option for you to deal with us anonymously or under a pseudonym.  This option will not be available where we are required or authorised by law to deal with individuals who have identified themselves, or if we need to verify your identity in order to provide goods, Services or Program functionality to you.

  1. Program registration and subscription
    In order to use the Program, you will need an account and an active subscription.  When you register an account and obtain a subscription for the Program we will collect and process the information that you provide. In particular, we may ask you to provide your name, address, employer and position within your organisation, phone number, email address, height, weight, body measurements, experience level, age, fitness preferences, information about past or recent injuries or existing medical conditions that may limit or affect your ability to safely participate in particular aspects of the Program, and other information relevant for calibrating use of the Program. You are required to provide this information so that your use of the Program can be correctly calibrated and for your tailored use.  This information will also be used to assess and analyse feedback on Program efficacy and performance and provide feedback to the selected corporate partners signed up for that program. Providing this information will also allow us to quickly and easily identify customers when contacted with any issues, inform customers of any appliance safety information or communicate with you for marketing purposes or otherwise.  If you do not provide this information we may not be able to provide any Services to you.
  2. Customer Service and Support
    If you call, make an enquiry, report a problem with our Program or contact us, we may ask you to provide your name, organisation, address, phone number, email address, your account details (if applicable) so that we can schedule your service call or respond to your questions and comments. We may also keep a record of any calls or correspondence between us.
  3. Promotional Activities
    If you choose to participate in our promotional activities, such as pop-up events, demonstrations, contests and other similar promotions, we may collect your name, email address, country and contact number to administer your participation and/or communicate with you in future in relation to the promotion or for marketing purposes. Some promotions will have additional rules containing information about how we use and disclose your personal information.
  4. Photographs and Videos
    We may also record photographs, still or moving images, negatives, sound recordings and film recordings of your use of our Program, and use these in promotional activities, social media and marketing materials but only where you have expressly agreed to us doing so. Providing your consent to such recording is optional.
  5. Software application
    When you use the Program, we will collect information about your use of the Program through our software applications. We may collect data such as your selections, exercises undertaken, time spent, weight lifted, number of repetitions, calories burned, self-reported indicators of levels of sleep, water consumption, energy levels and wellness and other performance data, as well as the operating data for the SmartDeck and software application and information about the device you use to access the software application. We use this information to provide the Program to you, including to customise and calibrate your Program and provide you with feedback about your performance. We may also use this information to create and analyse de-identified datasets relating to performance in order to understand user behaviours, experiences, preferences and results and improve the Program.
  6. Use of our website and social media pages
    We may collect information about your use of our website, such as browser and device information, application usage data, information collected though cookies, pixel tags and other technologies, and IP addresses (refer to the section on Cookies below). We may also collect personal information if you choose to post or link to our social media pages (such as by using our Instagram hashtag, posting on our Facebook page or using the Facebook “Like” function). The information that is available when you make use of such social media sharing features depends upon the settings on your account with the provider of such social media services and you should refer to the privacy terms for the social media platform to understand how such information may also be made available or disclosed to third parties.
  7. Questionnaires and Surveys
    We will occasionally ask visitors to our website and/or users of the Program to complete online surveys and opinion polls about their activities and interests and experiences in using the Program to help us improve the usefulness of our Services, products or improve our customer service. We may ask you to provide your name, email address and/or phone number. Online surveys and polls may be carried out by a third party on our behalf, but they are always voluntary, and you do not need to respond to them.

ANONYMOUS BROWSING DATA

June365 (itself or through its third party suppliers) collects general and anonymous statistical information when you browse through our websites, software applications and social media pages. This information is used to enable us to evaluate the performance of these platforms, allow us to assess statistical information on the overall experience of visitors to them and improve our advertising campaigns. If we combine or connect this general and statistical information with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be collected, stored and used in accordance with this Privacy Policy.

OFFLINE COLLECTION

We may collect personal information (similar to the personal information outlined above) from you offline. For example, when you visit one of our trials, demonstration or pop-up events, facilities, trial sites or attend an event we are represented at. In this case, we will collect such personal information as you choose to provide us.  We may also collect personal information as outlined above offline if we are required to manually setup or modify your account for you.

INFORMATION FROM THIRD PARTY SOURCES

We may receive personal information about you from publicly and commercially available sources (like public databases and our joint marketing partners), your employer or other partners or third parties (provided it is permitted by, and in compliance with, applicable laws). We may need to use the information because it is necessary for our legitimate interests or because we need it to provide the requested goods or services to you.  If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

SENSITIVE DATA

By using the Program, you consent to us collecting health information and other sensitive information in the manner and for the purposes as set out above. Please do not send us, or disclose, any unsolicited sensitive information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) or health information other than that set out above and as requested by us on or through the Services or otherwise.

USE OF PERSONAL INFORMATION

We may use the personal information collected about you for the following purposes:

  1. To register you as a Program user and administer and communicate with you about your account and subscription.
  2. To operate the Program, including to customise, calibrate and personalise the Program for you, track your usage in the Program, provide you with a customised wellness program and feedback on your engagement and performance in the Program, and provide you with information about wellness and the Services.
  3. To provide, administer and communicate with you about products, services, events, surveys and promotions (including by sending you marketing communications).
  4. To process, evaluate and respond to your requests, inquiries and applications.
  5. To personalise your experience on the Services by presenting products and offers tailored to you.
  6. To repair, service or replace fitness decks or other products.
  7. To verify your identity to ensure security for the other purposes listed here.
  8. To evaluate, update, improve and maintain the Program and our business (including developing new products and services, assessing the effectiveness of our services and advertising and marketing approaches (including defining groups of audiences for marketing purposes and creating aggregate de-identified data sets that do not identify an individual) and how to improve these, managing communications and carrying out our various accounting, auditing, billing, reconciliation and collection activities).
  9. To evaluate and assess the effectiveness of the Program.
  10. To protect against and prevent fraud, unauthorised transactions, claims and other liabilities and manage risk exposure and quality.
  11. To conduct investigations, comply with and enforce applicable legal requirements, industry standards and our policies and terms, such as this Privacy Policy and other June365 Services’ terms of use.
  12. To ensure the safety of June365 services, products, information resources and employees.

We may also use personal information for other additional purposes which we will specify at the time of collection. You may decide not to provide us with certain types of information, but doing so may affect your ability to use some Services.

We may aggregate and de-identify personal information collected from the use of the Program to analyse statistical data and trends in fitness, strength, performance and wellness, in order to operate, maintain and improve our Program.

We may need to collect and use some of the information as mentioned above because we are either legally required to do so, because it is necessary for us to provide you with the requested product or service, because it is necessary for our legitimate interests, or we have acquired your consent.

INFORMATION WE SHARE/DISCLOSE

For the purposes set out above, your personal information may be shared by us with:

  1. Your employer[where you are participating in a corporate Program. Other than general data about the extent to which you have used the Program, such information will be provided on an aggregated and de-identified basis to present effectiveness of the Program;
  2. The Fisher & Paykel group of companies (primarily this includes our sister company Fisher & Paykel Appliances Limited and Fisher & Paykel Technology Holdings Limited (which are based and incorporated in New Zealand)) for reporting and business development and management purposes. Members of the Fisher & Paykel group of companies may also provide services to June365;
  3. Third party service providers that provide product or perform services for us relating to your purchase or use of a June365 product or service, including:
  1. Service and facility providers who help deliver the product or Program to you;
  2. IT service providers (including, without limitation, Hubspot Inc and Google Inc) who assist with the running of our IT services (including the Services) which allow us to provide our products and services to you; and
  3. Data and survey service providers who assist us with understanding data held by us and our audience, the markets that we operate in and issue surveys to our customers.

The categories of personal information disclosed to third party service providers and other group companies mentioned above, include name, contact information (including contact number and email address), information that is required to provide the Service or Program to you, software usage data and error logs and transaction information.  

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. Third party service providers are contractually restricted from using or disclosing the information, except as necessary to perform services on our behalf or to comply with legal requirements.
We do not sell or disclose (except as stated in this Privacy Policy) your personal information to other organisations without first informing you of such disclosures and, where required, obtaining your prior consent.

We may also disclose information about you (i) if we are required to do so by law or legal process (which may include laws outside your country of residence), (ii) to law enforcement authorities or other government officials (which may include authorities outside your country of residence), or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. 

We may also use, disclose or transfer your personal information to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

We may also, with your consent, use and disclose your personal information in other ways.

Any disclosures of personal information will be in accordance with all applicable laws and our current Privacy Policy.

INFORMATION WE TRANSFER

Your personal information may be disclosed to recipients, or stored and/or processed, in a country outside of your country of residence where we (including companies in the Fisher and Paykel Appliances group of companies) or our external third party service providers are based and/or operate from outside of your country of residence. The countries in which recipients of personal information may be located include primarily Australia and New Zealand, and we may use cloud-based information storage facilities in Australia, United States of America and other locations.  By using the Services you consent to the transfer of information to countries outside of your country of residence which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

Whenever we transfer your personal information out of your country of residence, we ensure a similar degree of protection is afforded to it by ensuring we only transfer your personal information when we have put in place adequate protective measures such as standard contractual clauses.

Please contact us in accordance with the “Contact Us” section below if you want further information on the specific mechanism used by us when transferring your personal information out of your country of residence.

LINKS TO OTHER SITES

We may provide links to other websites or social media platforms for your convenience and information. These sites or platforms may have their own privacy statements in place, which we recommend you review if you visit any linked websites. We are not responsible for the content of linked sites or platforms or any use of such sites or platforms.

RETENTION OF PERSONAL INFORMATION

We will retain personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use of disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Please contact us in accordance with the “Contact Us” section below if you want further information in relation to the retention of your personal information.

THE PROTECTION OF YOUR PERSONAL INFORMATION

June365 is committed to protecting your privacy. We hold personal information as either physical records, records on our servers, as records in cloud storage, and in some cases, records on third party servers or cloud storage facilities, which may be located overseas (as detailed above). We use a variety of technologies, systems and procedures to protect against unauthorised disclosure, use, alteration or destruction of your personal information and keep your personal information secure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

We have procedures in place to:

  1. destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law; and
  2. deal with any suspected data breach in relation to personal information and will notify the relevant people as we are legally required to do so.

CHOICES AND ACCESS

June365 wants to make sure you have easily actioned choices about how we use and/or disclose your personal information when providing you with the Program, the Services and any other of our products and services or for marketing purposes. By signing up to the Program, you consent to our use of your personal information (including sensitive information and/or personal information collected from third parties) for marketing purposes. You may opt-out from:

  1. Receiving electronic communications from us: If you no longer want to receive marketing-related emails or electronic communications from us on a going-forward basis, you may update your email or communication preferences at any time by clicking the link in the footer of any email we send you or following the unsubscribe instructions in any other electronic communication we sent you. You can also request to opt-out of the use of your personal information by June365 for marketing purposes by contacting us at any time in accordance with the details set out in the “Contact Us” section below.
  2. Push notifications via our mobile application:  Our mobile applications may send push notifications to your mobile device.  You can deactivate push notifications by changing your notification settings on your mobile device.

    We will try to comply with your request(s) as soon as reasonably practicable and in accordance with all legal requirements. Please note that if you opt-out of receiving marketing-related emails or communications from us, we may still send you important administrative messages or other messages relating to your active subscription that you cannot opt-out from.

HOW YOU CAN ACCESS, CHANGE OR SUPPRESS YOUR PERSONAL INFORMATION

If you would like to request to access, review, correct, update, suppress/restrict or delete personal information that you have previously provided to us, or if you would like to request that we transfer your personal information to another company (to the extent this right to data portability is provided to you by applicable law), you may update your account details as provided on our website or otherwise contact us at any time in accordance with the details in the “Contact Us” section below.

In your request, please make clear what actions you would like us to take in relation to your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to contact you to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

No fee is charged to access your personal information (or to exercise any other rights). However, we may charge a reasonable fee for giving you access to your personal information if your request is clearly unfounded, repetitive or excessive, if permitted by applicable laws. 

We may refuse to comply with your request where permitted by applicable laws.  If we are unable to provide you with access to your information, or make the changes which you have requested, we will provide you with reasons for this decision.

Please note that we may need to retain certain information for recordkeeping purposes, to comply with laws, to provide Program functionality when you have an active subscription and/or to complete any transactions that you began prior to requesting a change or deletion, but we will advise you of this. There may also be residual information that will remain within our databases and other records, which will not, and cannot, be removed. If this is the case, such information will remain secure and protected and we will continue to handle such information in accordance with this Privacy Policy.

COOKIES POLICY

What is a cookie?

Cookies are text files stored on your computer/device/browser when you visit certain sites/pages.  Cookies are not used by our mobile software applications. 

What do we use them for?

We use cookies to enhance and personalise your experience with us, for example, to make our site run smoothly and work best for you. To make full use of the features and functions of our website or manage your account, your computer, laptop, tablet or smartphone needs to accept cookies. If cookies aren’t accepted by/enabled on your web browser it will mean you will only be able to browse and research and may not be able to manage your account. 

Managing cookies

Most web browsers have cookies automatically enabled. You can manage cookies through your browser settings. These are typically in the “privacy” section of your browser settings or preferences.  In some instances you can configure your browser to notify you when you’re offered a cookie and decide whether to accept or not.

Our use of Google Analytics software is bound by Google’s terms and conditions including Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). For a fuller description of the Google Analytics software and how it collects and processes data, please refer to: http://www.google.com/policies/privacy/partners/.

Our use of Hubspot Inc hosting and marketing software is bound by Hubspot Inc’s Privacy Policy.  For a fuller description of the Hubspot software and how it collects and processes data, please refer to: https://legal.hubspot.com/privacy-policy 

UPDATES TO OUR PRIVACY POLICY

June365 may, without prior notice to you, review and update this Privacy Policy from time to time to make sure that it remains current and reflects changes in our information practices. Our current Privacy Policy is available at [insert link] and we will indicate at the top of the Privacy Policy when it was most recently updated.

CONTACT US

If you have any questions, comments or complaints regarding this Privacy Policy or our handling of your personal information, please contact us by email at privacy@june365.com .

You may opt out of receiving marketing information at any time by emailing june@june365.com.

If you would prefer to contact us by mail please write to us at:

Privacy Officer
June365
PO Box 58550 Botany,
Manukau 2163 Auckland,
New Zealand

We take complaints very seriously and our Privacy Officer will respond as soon as practicable after receiving written notice of the complaint.  Our Privacy Officer will use reasonable endeavours to resolve the complaint within 30 days after receipt.  If you are not satisfied with our handling of a complaint, you may wish to contact:

  1. in New Zealand, the New Zealand Privacy Commissioner, as provided in the complaints process set out at https://www.privacy.org.nz/your-rights/making-a-complaint;
  2. in Australia, the Office of the Australian Information Commissioner using the contact details listed at www.oaic.gov.au/about-us/contact-us/.
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