Privacy Policy

 

Effective 2, February 2016

 

Your privacy is important to MYZONE®. Please read our Privacy Policy carefully and contact us if you have any questions. By accessing this website (“Site”) or using our mobile application (“App”) or other MYZONE® product or service on any computer, mobile phone, tablet, console or other device (each a “Device”) you consent to our Privacy Policy and to the collection, use and disclosure of your personal data in accordance with this Privacy Policy. In this Policy “we”, “us” and “our” mean MYZONE® (defined below) and “you” means the individual who is accessing or using the Site or App.

 

Who are we?

By “MYZONE® ” we mean MYZONE  LTD and its subsidiaries and affiliates which include MYZONE (UK) LTD and MYZONE (WORLDWIDE) LTD, all of which have their registered office at Falcon House, Ridgeway Street,  Douglas, Isle of Man IM1 1EL, British Isles, MYZONE INC, of 180 North Wabash Avenue, Suite 625, Chicago, IL 60601, USA, MYZONE GROUP LTD of 5th Floor, Market Square House, St James Street, Nottingham, NG1 6FG, UK, and MYZONE (APAC) PTY LTD of Unit 3, 17 Foley St, Balcatta, WA 6021, Australia.

 

What information do we collect?

Regarding the Myzone belt

We collect information from you when you register your MYZONE® belt on this Site or via the App. We also collect information from MYZONE facilities (health clubs, community hubs, social hubs, schools or employers etc.).

 

When registering your MYZONE® belt on this Site or via the App, you will be asked to enter information including your name, email address, date of birth, gender, height, weight, phone number and member/employee number (if applicable). In addition, you may provide (either through manually inputting data or through the use of compatible devices) biometric data such as blood pressure, bone mass, fat mass, basal metabolic rate, waist circumference, fat free mass, total body water, visceral fat and metabolic age.

If you have installed the App on a Device you may also capture images to record food consumption and, for users aged 18 or over, body shape.

We also collect information passively from the MYZONE® belt, including heart rate data.

(MYZONE® facilities will be asked to provide their contact details including their telephone number, email address and Twitter account.)

Regarding the online shop

We will collect the following information about you:

1. Your name

2. Postal Address

3. Email address

4. Telephone number (including mobile number)

In order to complete your transaction, we may refer you to a third party’s website, or a third party’s payment portal, that will collect information about your payment card.  The information that you submit to them is not transmitted to us, and you should review any privacy statements issued by the third party provider before submitting your information.

 

What do we use your information for?

Regarding the MYZONE® belt

The primary reason for requesting information is to personalise your experience and to allow you to enjoy the full benefits of being able to monitor your physical activity through measuring, recording and displaying your heart rate while using the MYZONE® belt. The information we collect from you may also be used in the following ways:

To improve our Site or App (we continually strive to improve our Site and App based on the information and feedback we receive from you)

To improve customer service (your information helps us to respond more effectively to your customer service requests and support needs)

To administer a contest, promotion, survey or similar function.  (Note: you can unsubscribe from receiving marketing communications at any time by contacting us in writing.)

To send periodic emails. The email address you provide will only be used to send you information and updates pertaining to your MYZONE® belt or matters which we believe may be of interest.

We request information from MYZONE® facilities so that they can register as a MYZONE® site owner, access the names of users who have registered belts at their facility so they can communicate with them, and to enhance belt users’ experience of the MYZONE® system.

Regarding the online shop

The primary reason for requesting information is to fulfil your order.

 

How do we protect your personal information?

MYZONE LTD is registered as a data controller in the Isle of Man under the Data Protection Act 2002 and has Notification Number N002814. Accordingly, any personal information we hold must be:

Used fairly and lawfully

Used for specific and lawful purposes, in a manner that is compatible with those purposes

Adequate, relevant and not excessive

Accurate and where necessary kept up to date

Kept for no longer than necessary

Used in accordance with the rights of individuals under the Act

Kept secure to avoid unauthorised or unlawful use, accidental loss, or damage

The Isle of Man’s Data Protection Act 2002 has been drafted to meet the standards set out in the European Data Protection Directive 95/46/EC and is similar to the UK’s Data Protection Act 1998. On 28 April 2004, the European Commission formally recognised that the legislation provides an adequate level of protection.

 

Do we use cookies?

Yes (cookies are small files that a site transfers to your computer’s hard drive through your Web browser (if you allow) enabling us to recognize your browser and capture and remember certain information).

We use cookies to help us remember and process site preferences so that we can offer better site experiences and tools in the future. We do not share cookies with third parties.

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online.  At this time, we do not modify your experience based upon whether such a signal is broadcast.

 

Do we disclose any information to outside parties?

We do not share your personally identifiable information with any other party (whether by way of sale, trade, or otherwise) except in the following situations:

Subcontractors. From time to time we may share information with subcontractors that provide us with services.  These services include, among other things, assisting us in operating our website, conducting our business, or servicing you.  Our subcontractors are required to keep the personal information that they receive confidential.

Your Facilities.  If you register or use your MYZONE® belt at a facility (health club, community hub, social hub, school or employer etc.) or if our records indicate that the MYZONE® belt has been sold to such a facility, your information may be accessed by individuals engaged by those facilities (for example, so that they can deliver a service to you) and you expressly consent to your personal information being used in this manner. It must be noted that such individuals are not our employees or agents (except to the extent that they may collect in some situations consent to our privacy policies on our behalf) and you should satisfy yourself that the facility has procedures in place to protect your privacy (and, if applicable, the privacy of any child – see ‘Children’s Online Privacy’, below). To enable users to enjoy the MYZONE® experience it is mandatory and unavoidable for facilities to have access to personal information including the name, email address, gender, date of birth, belt ID, and maximum and resting heart rates of belt users. Facilities can also access data showing when belt users have participated in any class activity, the duration of such activity, and the amount of calories burnt. If you do not consent to facilities having access to such information you should not proceed with your belt registration. The facilities do not have access to any personal biometric data unless you permit them to have such access.

Distributors. Our products are sold through third party distributors.  If you decide to purchase a product, in order for you to enter into an agreement with the distributor, and for the distributor to fulfil the agreement, we may transfer any information that you provide to us to the distributor.

Payment Processors. We provide information to providers of merchant / transaction fulfilment services so that payment can be collected from you.

Business Transition. In the event that we, or substantially all of our assets, are acquired, your information will be transferred to the acquiring company.

Sharing Your Information with Law Enforcement.  We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity.  In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that the release of your information may protect the safety or property of any person or entity.

Sharing Your Information as Permitted by Law.  We may share your information with others as required by, or permitted by, law.  This may include sharing your information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

You may Permit other MYZONE® Users to Access Your Information. You may choose to permit other MYZONE® users to access your activities, food diary, biometrics and (provided you are aged 18 or over) body images. If coaches/trainers connected with a Facility wish to access this information (and your phone number) through their coach account, you will be advised by email and can choose to refuse such access.

Notwithstanding the above, we may provide anonymised (non-personally identifiable) information to other parties for marketing, advertising, or other uses.

 

Security

If you choose to purchase any of our products, credit card information will be collected by a third party payment processor which has represented to us that the payment data that you transfer is encrypted (turned into unidentifiable code) by a method known as SSL (secure sockets layer).

While we take reasonable and appropriate measures to protect data that you submit directly to us, remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and we cannot promise, and you should not expect, that we will be able to protect your information at all times and in all circumstances.

 

Children’s Online Privacy

We are mindful that the belt and system will be attractive and of benefit to users under the age of 13 and it is our policy, regardless of the country in which the facility is located, to ensure that parents or teachers (if they are authorised and it is legal for them to do so) can monitor data collected in respect of such persons. We try to achieve this through adopting an approach which is compliant with the United States legislation known as the Children’s Online Privacy Protection Act (‘COPPA’).

Our Site, App, products and services are all available to persons who are below 13 years of age.  A parent or teacher (as advised to us) of any child who has not attained 13 years of age can review their child’s/student’s personal information, ask to have it deleted and refuse to allow any further collection or use of the child’s information. If the parent or teacher wishes to exercise this right they should contact us in writing using the information below. We only collect personal information that is required to provide the service: please note that the removal of such personal information will render the belt and service inoperable.

The parent or teacher of any person aged below 13 years is required to consent to the collection and use of their child’s or student’s personal information at the time of registering a belt. Parents and teachers must communicate this consent through completion of a consent form which is available through us or our distributors. These consent forms must be verified as follows:(1) in the case of a parent, a Parental Consent Form in respect of the child must be completed and then verified by the facility in which the belt is registered; or (2) in the case of a teacher, an Educational Institution Consent Form must be completed and verified, through the education facility where the belt is registered, by providing in respect of that teacher, a Union Card, State Issued Teaching Certificate, Home Schooling Certificate, State Issued Preschool/Day-care Facility Certificate/License, Home Schooler Affidavit or IHIP Approval Letter from School District or State.

Parents and teachers (as applicable) will receive a copy of all email communications that are sent to their child or student, until such child or student has attained the age of 13. This will enable them to monitor data in respect of such children and/or students.

 

Online Privacy Policy Only

This online privacy policy applies only to information collected through a Site or Device and not to information collected offline.

 

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our websites and Apps at www.myzone.org.

 

Other Applicable Terms

The following additional terms also apply to your use of this Site and/or an App:

Our Terms of Use, which set out the terms and conditions on which you may make use of this Site or an App.

Our Acceptable Use Policy, which sets out the permitted and prohibited uses of this Site or an App. When using our Site or an App, you must comply with this Acceptable Use Policy.

Our User License (or Facility License, if applicable), which sets out the terms that govern your use of the Myzone system.

Our Important Information, which sets out some provisions to which you must consent when registering a MYZONE® physical activity belt.

If you purchase products on our Site, in addition to this Privacy Policy, the Terms and Conditions of Sale for deliveries to your location will apply to any such purchase. The Terms and Conditions of Sale are an agreement between you and the supplier as stated therein.

 

Your Consent

By ordering or registering your MYZONE® belt, and by MYZONE® facilities registering their facility, you confirm your acceptance of our Privacy Policy.

 

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page, send an email notifying you of any changes or display a message on this Site, and/or update the Privacy Policy modification date below.

This policy was last modified on February 2, 2016.

 

Contacting Us

If you have any questions regarding this privacy policy, you may contact us using the information below.

By post: Falcon House, Ridgeway Street, Douglas, Isle of Man IM1 1EL, British Isles

By email: headoffice@myzone.org

By telephone: +44 (0)345 594 2676