PRIVACY POLICY MADFIT APP

INTRODUCTION

This mobile software application (App) is brought to you by Vibe Media Limited (“we”, “us” and “our”).

We take your privacy very seriously and we are committed to protect your personal data and respect your privacy. Personal data means all information about you which enables us to identify you as an individual. We comply with all relevant data protection laws, such as the General Data Protection Regulation (GDPR: EU Regulation 2016/679). We ask that you read this privacy policy (“Policy”) carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

Any capitalized terms used throughout this Policy that are defined in our Terms of Use, have the same meaning in this Policy.

DATA CONTROLLER

Vibe Media Limited is your data controller. This means that we are responsible for, and control the collecting and processing of, your personal data. You can find all our details under How to contact us.

PERSONAL DATA WE PROCESS

Whenever you use our App, you will provide us with and we will obtain from you, either directly or indirectly, certain personal data. For example when you sign up for an account, when you fill in forms provided by us, when you purchase products or services through our App, when you participate in competitions, when you participate in our community, and when you communicate with us.

Please note that you can always monitor and control the processing of your personal data by exercising Your rights.

It depends on the particular activities carried out by you through our App which of the following personal data we collect and process from you:

name, home address, e-mail address, telephone number;
nationality, place of birth, date of birth, gender;
your account details, such as your username and login details;
credit/debit card or other payment information;
information about your purchases of products and services from us or our partners;
location data, including real-time geographic location of your electronic device, used through GPS;
IP address;
any other personal data you provide us with voluntarily.

We also need to collect personal data from you from time to time which is considered to be sensitive. Such data can only be processed by us when you give us your explicit consent to do so, or if it is necessary to do so to protect your vital interests (e.g. in a medical emergency), or if you make such data public yourself:

information about your physical or mental health.

You agree and acknowledge that any individual’s Protected Health Information that comes within our custody, exposure, possession or knowledge or is created, maintained, retained, transmitted, derived, developed, compiled, prepared or used by us in the course of or in connection with the performance of services under this Agreement, is confidential and shall remain the exclusive property of our Company and shall be used, disclosed, transmitted and/or maintained solely in accordance with our Terms and Condition and as Required By Law. We agree to comply with our obligations as a Business Associate and acknowledge that we are subject to and agree to comply with HIPAA and all applicable guidance and regulations issued by the government to implement HIPAA and all other applicable law.

THE USE OF THIRD-PARTY CONNECTIONS

In some circumstances, we may also receive personal information about you via third parties.

If you access our App through a third-party connection or log-in, such as Google or Facebook, that third party may pass on certain information about your use of its service to us. This information could include the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. We do not control how such third parties process and share your personal information with us. You should therefore always review, and if necessary, adjust your privacy settings on such third-party sites and services before linking or connecting them to us. You may also unlink your third-party account from our App by adjusting your settings on the relevant third-party service.

Our App may also include social media features, such as the Facebook Like button. Our integration of these features may allow third-party social media to collect certain information about you, such as your IP address, and to set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly through the use of our App. Your interactions with these features are governed by the privacy policy of the company providing the feature.

PURPOSES AND LAWFUL BASES FOR PROCESSING YOUR PERSONAL DATA

Most of your personal data is collected and processed so that we can offer you the full range of benefits and functionalities of our App. This includes to offer you our products and services and to let you participate in our community. This processing is necessary to perform our contract with you and to provide you with the products and services we offer.

We will sometimes process personal data to comply with legal obligations imposed on us, for example in relation to the prevention of fraud and money laundering or in relation to tax regulations.

We may also use your personal data if it is in our legitimate interests to do so. Such interests include our ongoing effort to provide, improve and safeguard the different functionalities we offer.

If none of the above lawful bases apply to the processing of your data, we rely on your consent to process such data. For example, if you enable your location on your device, this is your consent for us to process your location. If you do not want us to process your location, you can turn off this feature on your device. However, if you choose to turn off the location on your device you won’t be able to enjoy all of the functionalities of our App, because some of those will be based on your location. Besides personal data that we need to fulfill our obligations to you, you will also have the option to submit more information about yourself. This is done on a voluntary basis. By submitting such additional information, you express your consent to process such data. You also have to give us your consent to enable us to use your personal data for marketing purposes, such as sending you our newsletter by e-mail. We will gather your consent when you sign up for an account. Whenever we rely on your consent to process your personal data, you can withdraw such consent at any time.

ACCESSING AND DELETING YOUR PERSONAL INFORMATION

We commit to maintaining the confidentiality of Your Personal Data and ensuring that You can exercise Your rights.

You have the following rights under this Privacy Policy and by law, if you live in the EU:

Make a request for access to Your Personal Data. You have the right to access, correct, or remove the information We have on file for You. You may personally Contact Us so that We may assist You with your request. This also allows You to obtain a copy of the Personal Data We have on file for You.
Request that We correct the Personal Data that We have on file for You. You have the right to have any missing or incorrect information We have on file for You rectified.
You may object to the processing of Your Personal Data. This right arises when We rely on legitimate interest as the legal basis for Us processing and something about Your particular circumstances causes You to object to our processing of Your Personal Data on this basis. You also have the right to object if We use Your Personal Data for direct marketing purposes.
Request that Your Personal Data be erased. You have the right to request that We delete or remove Personal Data when there is no compelling reason for Us to keep it.
Make a request for the transfer of Your Personal Data. We shall provide Your Personal Data in a structured, commonly used, machine-readable manner to You or a third party You have designated. Please keep in mind that this privilege only applies to automated information that You gave Us permission to use or where We utilized the information to perform a contract with You.
Withdraw Your permission. You have the right to revoke your consent to the use of your personal data. We may be unable to provide You with access to some specific functionality of the Service if You withdraw Your consent.

You may exercise Your rights to access, rectify, cancel, and oppose by writing Us at [email protected], or by visiting our website.

Vibe Media Limited

Partners Life

Level 1 33 - 45 Hurstmere Road,

Takapuna, Auckland, 0622

New Zealand

Please keep in mind that before replying to such inquiries, we may ask You to verify Your identity. We will do our best to answer You as quickly as possible if You make a request.

You have the right to lodge a complaint with a Data Protection Authority over the collection and processing of Your Personal Data by Us. If You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA for more information.

AGE REQUIREMENT

Our App is not intended for children under the age of 16 or the applicable legal age for data subjects to be able to express their consent in your country of residence, if this is a different age in your country of residence. We do not knowingly collect or distribute personal information from or about children under the age of 16 or such other applicable legal age. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us so that we can remove such data immediately from our servers.

COOKIES

Whenever you visit our website via a link in our App, a cookie (a small text file) may be placed onto the electronic device you use to visit our website. Cookies can be used to help you navigate websites more efficiently and to perform certain functions, as well as to provide information to us. There are several types of cookies and other online tracking devices such as web beacons, action tags, local shared objects or flash cookies, and single-pixel gifs. Cookies can perform different functions and serve different purposes:

Session cookies: these allow our website to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
Persistent cookies: these are stored on your device in between browser sessions. These allow your preferences or actions across our website to be remembered. These will remain on your device until they expire, or you delete them from your cache.
Strictly necessary cookies: these cookies are essential for you to be able to navigate our website and use its features. Without these cookies, the services you have asked for could not be provided.
Performance cookies: these cookies collect information about how you use our website, e.g. which pages you go to most often. These cookies do not collect personally identifiable information about you. All information collected by these cookies is aggregated and anonymous, and is only used to improve how our website works.
Functionality cookies: these cookies allow our website to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites.

We will ask for your permission (consent) to place cookies or other similar technologies on your device, except where these are essential for us to provide you with a service that you have requested (e.g. to enable you to put items in your shopping basket and use our check-out process).

If you have accepted cookies, you can always withdraw your consent by adjusting the privacy preferences of your browser. Please be aware that restricting or deleting cookies may impact on the functionality of our website.

The table below provides more information about the cookies we currently use and why:

(insert table with the cookies you currently use, including their name and owner and a general description of what they do)

SHARING YOUR PERSONAL DATA

We would like to stress that we do not sell your personal information to any other party.

However, we do share your personal information with the following categories of third parties.

Our business partners, suppliers and sub-contractors

We share your personal data with them for the performance of any contract we enter into with them or you. This includes, for example, a distributor, a customer service provider, a payment provider, a technical maintenance provider and a marketing automation provider.

Our online store hosting provider

We use Shopify Inc. as a host of our online e-commerce store, allowing us to sell our products and services to you. If you use our online store, you should also refer to the privacy policy of Shopify (which can be found via this link).

Credit and debit card companies

Credit and debit card companies are used to facilitate your payments to us, and for anti-fraud screening. They need information about your method of payment to process payment or ensure the security of your payment transaction. These may include third party payment gateway providers, including at www.stripe.com or www.paypal.com or www.apple.com. Before entering your personal details we suggest that you read and become familiar with the privacy policy for any such third-party provider.

HealthKit Framework and Healthkit API.

Notwithstanding the foregoing, Madfit App will not use or disclose to third parties user data gathered from Apple, Inc. Healthkit framework or Healthkit API for advertising or other use-based data mining purposes other than improving health, or for the purpose of health research. In no event will any information be collected from Healthkit users for use by third parties in compliance with this section without obtaining user consent.

Other circumstances in which we may share your personal data and with whom

We will also share your personal data in the following circumstances:

if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our users will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any laws, legal obligations or investigations;
to enforce or apply our Terms of Use, policies or other agreements;
to protect the rights, property, or safety of Vibe Media Limited, its employees, our users or third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

In the event we receive a legal request to disclose your personal data, we may notify you of such request before we do so, unless this is expressly prohibited by the authority making the request or if notifying you would be detrimental to us, the party requesting your personal information, or any other person affected, or to the investigation itself. If we can’t notify you of such requests beforehand for the reasons set out before, we will try to notify you afterwards.

HOW AND FOR HOW LONG WE KEEP YOUR PERSONAL DATA

We put appropriate security measures in place to prevent personal data from being accidentally lost, or used or otherwise accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted (using SSL technology). SSL is the industry standard method of encrypting personal information and credit card details so that they can be securely transferred over the internet.

You are responsible for keeping your password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We only retain your personal data for as long as your account is active or for as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We may retain certain information for longer to comply with applicable laws, to prevent fraud, or for obligations we have in relation to tax regulations.

TRANSFER OF PERSONAL INFORMATION OUTSIDE THE EEA

Our App may be used by users located all over the world. If you are a user located in the European Economic Area (EEA): the personal data that we receive and collect from you may be transferred to, and stored at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.

Such countries may not have the same data protection laws as the EU. In the event your personal information is transferred to such countries, we have ensured that appropriate safeguards are put in place to protect your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

We will not otherwise transfer your personal data outside of the EEA.

YOUR RIGHTS

Under data protection laws, you have the following rights, which you can enjoy free of charge:

Right of transparency and information about how we use your personal information.
Right to ask us to confirm whether or not we hold any personal information from you and if we do, the right to ask us what information we have stored about you and for a copy of that information.
Right to rectify any inaccurate personal data we hold about you or to complete any incomplete information.
Right to have all personal data we keep from you erased in the following situations:
- the personal data are no longer necessary in relation to the purpose for which it was collected;
- you have withdrawn your consent to process your data and we do not have any other legal ground to keep processing your data;
- you object to the processing of your data while we do not have any overriding legitimate grounds to do so;
- your data have been unlawfully processed.
Right of restriction of processing

You have the right to ask us to restrict the processing of your personal data if either one of the following applies:

if you contest the accuracy of the personal data, for a period so long that we can verify the accuracy of your personal data;
if the processing is unlawful and you oppose the erasure of your data and ask for a restriction instead;
we do no longer need your personal data for the purpose for which it was collected, but you require your data for the purpose of establishment, exercise or defence of legal claims;
you have objected to the processing pending verification of the legitimate grounds to override such objection.
Right to object to:
- processing of personal data concerning you based on legitimate interests or the performance of a task in the public interest. Such objection must be based on grounds relating to your particular situation. We are obliged to stop processing your data, unless either we can demonstrate that we have compelling legitimate grounds to override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims;
- direct marketing.
Right to withdraw consent you have given us to process your personal data, where consent is being relied on as the lawful basis of such processing.
Right to receive the personal data concerning you in a structured, commonly used, machine-readable format and, if technically possible, have this transferred to another service provider.

You can exercise your rights by checking certain boxes on the forms we use to collect your data, by adjusting your settings in your profile and by contacting us. We may request you for proof of identity and address when you exercise your rights.

CHANGES TO THIS POLICY

We may make changes to this Policy from time to time. We will notify you via our App if any material changes have been made to this Policy and/or we may e-mail you our revised Policy. If we need your renewed consent for anything, we will ask you for it.

MAKE A COMPLAINT

If you encounter any problems in relation to the use of your personal information, please contact us so we can try to resolve your issue or concern. If you are a user based in an EU member state you also have the right to lodge a complaint with the supervisory authority in the EU member state where you work, normally live or where any alleged data infringement of data protection has occurred.

HOW TO CONTACT US

Questions, comments, and requests regarding this Policy are welcomed and should be addressed to the data controller:

Vibe Media Limited

Partners Life,

Level 1 33 - 45 Hurstmere Road,

Takapuna, Auckland, 0622

New Zealand

e-mail: [email protected]