Effective 5, October 2016
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 and App
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, metabolic age and your location details.
When you employ features that leverage technologies that integrate with our Site or App, such as other mobile applications, wearables, other fitness technologies, biometric and body composition analysers, and services capturing location data, we may collect data that is shared with our Site or App. The collection of such data may occur even when our Site or App are not actively open and running. We will not collect location data unless you have allowed this in your “permissions”.
If you have installed the App on a Device and are aged 18 or over you may also capture images.
You can add details to your exercise activity and personalize your profile with photos. You can add social connections and send and receive messages with them. You can search for other MYZONE® users and they can search for your profile and your connections to add you and your connections as a connection (with your permission). You can elect to “like” exercise activity of MYZONE® users you are connected with.
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)
We may also collect information about whether or not you completed a purchase, your purchase details (including details of aborted purchases), returns and other details such as the product purchased and the amount paid.
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®
- To assist MYZONE facilities in the service that they provide to you.
When you employ features that leverage technologies that integrate with our Site or App, data that is collected and shared with our Site or App is used to improve customer service and experience.
Regarding the online shop, other customers and vendors
The primary reason for requesting information is to fulfill your order, collect payment from you, or make payment to you.
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:
- 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.
Please be aware that information we collect will be processed in the Isle of Man, British Isles, a jurisdiction in which the data protection laws may not offer the same level of protection as those in the country in which you reside. By using the Site or App and providing information to us, you consent to the transfer to and processing of data by MYZONE in the Isle of Man, British Isles and you also consent to the transfer to and processing of data by your facility in their jurisdiction (which is likely to be the jurisdiction in which you reside). If you wish to withdraw your consent for your facility to access your Personal Information (perhaps because you have left your facility and have moved to another jurisdiction) you should inform us in writing.
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).
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 number of calories burnt. In addition, facilities can access the names of your social connections linked with their facility and access the number of “likes” and the number of comments you have made against activities of other belt users. 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 fulfill 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) 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.
Managing Your Privacy Options
We have provided you with a means of managing your privacy settings. You can update your default settings in the App and control what and with whom you share your Personal Information.
The default settings are as follows:
Allow my connections to see my “moves” data = ON (visible)
Allow my connections to see my photos = ON (visible)
Allow my connections to see all my connections = ON (visible)
Allow me to be viewed as a connection of a connection = ON (visible)
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.
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 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.
This policy was last modified on October 5, 2016.
By post: Falcon House, Ridgeway Street, Douglas, Isle of Man IM1 1EL, British Isles
By email: firstname.lastname@example.org
By telephone: +44 (0)115 7788 311