Privacy Policy

Nomergy Limited and its subsidiaries (“we”, “us” and “our”) are committed to the protection of your personal privacy and so we have developed this plain language privacy policy to explain how we look after your personal information.

This policy describes the information Nomergy collects through this website (www.masterfitrs.com), the Nomergy mobile application (including any version of the application that is provided under the branding of your gym) (App) and your use of our services. It also sets out how Nomergy uses that information, how that information may be disclosed, the security of that information, how you can access and correct your information, and other relevant details concerning your personal information.

If you access our website from outside of New Zealand, you agree that any personal information you provide us is subject to this policy and New Zealand laws, including the New Zealand Privacy Act 1993.

This policy is effective from 7.4.2020. Your continued use of this website, the App and our services signifies your agreement to this policy.

1. Collection

1.1. In general, the type (or categories) of personal information we may collect from you includes (but is not limited to):

  • name and contact details;
  • date of birth and gender;
  • account login information;
  • credit card or bank details (as set out in the “Management of Personal Information” section below);
  • dietary preferences;
  • height and weight;
  • activity and fitness levels; and
  • fitness progress and goals.

1.2. We collect your personal information when you provide it to us (including when you create an account), when you contact us, when you use the App or your account on the website, and when you interact with the communications we send you.

1.3. Your personal information may also be collected from your gym, when you use features that integrate with wearables or other fitness technologies, where you authorise such collection, or by agents who are authorised by you to provide such information, or as otherwise permitted by the relevant privacy laws.

1.4. Our website or App may also state other ways in which we collect information from you when you are using our website or App.

1.5. If you do not provide the personal information we ask you to provide, or the information is incorrect, you may not be able to login to your account, the information accessible through your account may not be complete, and we may not be able to provide the requested services, respond to an enquiry, or contact you.

1.6. Our website may also automatically collect and store information about your visit, including your IP address, the date and time you accessed the website, the internet address of the website from which you linked directly to this website, and the pages you accessed while visiting the website. This information may be collected through third party tools including cookies, but does not in itself identify individuals.

2. Social Media

2.1. We use third party social media services like Facebook, Instagram and LinkedIn. Your use of these third party services is entirely optional. We may make use of any information that you make available to use or which you make public when you use any such third party services for the purposes of our business.

2.2. All third party services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide personal information to any of those third parties, or make information available to us and others, you should not use their particular service.

3. Purposes for which we collect, hold, use and disclose your personal information

3.1. Nomergy may collect, hold, use and disclose your personal information for the following purposes:

a) where it is necessary for the performance of our contract with you, for example:

  • to provide our products and services to you;
  • to set up and provide you access to your account through the website or the App;
  • to develop a customised daily meal and exercise programme;
  • to provide you with updates relevant to your programme, including by email; and
  • to facilitate your payment for such services;

b) to provide you with information about our services, newsletters or other marketing communications (where you have an account or have signed up to receive these marketing communications);

c) where it is necessary for our legitimate interests of conducting our business, which may include:

  • managing, analysing and improving our own processes;
  • optimising your experience as a user of the App or our website, the features of your account, or our services, including through the use of cookies;
  • supporting, managing or enhancing the App or our website, or investigating any matter concerned with the use of the App or our website;
  • collecting feedback for the purpose of improving our quality or effectiveness;
  • meeting our obligations in, exercising our rights under, or enforcing our terms and conditions;
  • selling a substantial part or all of our business to a third party; and
  • for the purposes of carrying out the matters noted in the section below on the ‘Management of Personal Information’;

d) to otherwise protect our vital interests in our property, our legal rights, or those of others, including to detect, investigate, prevent or address fraud, security or technical issues, or if we have good reason to believe there is an imminent threat of death or injury or a serious threat to health and safety; and

e) any other lawful purpose made known to you when collecting the personal information.

3.2. If you are using your account in connection with a gym, we may also disclose limited information to your gym (such as your name, email, phone number and fitness progress), where you have enabled the sharing of such information. Your gym will use the information in accordance with its own privacy policy, and in accordance with your membership terms.

3.3. We may also disclose your personal information to our subsidiaries so they can help provide the services you have requested. Their use of such information is governed by this policy.

3.4. Other than for the purpose we have told you about, any circumstance authorised under the New Zealand Privacy Act 1993 or any other applicable privacy laws, or any lawful purpose made known to you when collecting the personal information, Nomergy will not use your personal information without your prior consent.

3.5. The only exceptions is where disclosure is necessary to enforce our terms and conditions, protect our property, legal rights, or those of others, prevent injury to life or health, to detect, investigate, prevent or address any suspected unlawful activity, security or technical issues, or where it may be required by law such as in response to a warrant, subpoena, or other legal process.

3.6. We do not collect personal information from individuals under the age of 13.

3.7. Under no circumstances do we sell your personal information to any third party.

4. Cookies

4.1. Cookies are small text files that are placed in your browser by the website that you visit. They are widely used to help users navigate websites efficiently, to perform certain functions on the sites, and/or to provide site owners with information about how their sites are used.

4.2. Our website may include cookies that perform the following functions:

  • Necessary cookies - These cookies are necessary to enable certain features of our websites to operate.
  • Performance cookies - These cookies help us analyse data from our website so we can understand your preferences and optimise our services to you. We use these cookies to compile reports and to help us better understand your use of our website.
  • Functionality cookies - These cookies allow us to enhance your experience (for example by remembering any settings you may have selected). These are also used for security purposes to protect authorised customers. For example, if an authorised customer is logged on and the site is unused for more than 20 minutes, it will automatically log off the authorised customer.

4.3. We currently use the following cookies on our website:

First Party Cookies

  • Service Provider: Nomergy Limited
  • Name of Cookie: Laravel cookie package and native php cookies (https://github.com/spatie/laravel-cookie-consent, https://github.com/spatie/laravel-personal-data-export)
  • Purpose: Functionality
  • Further Information:

4.4. Cookies do not need to be enabled to visit our website, however, some parts of our website and some services may be more difficult or impossible to use if cookies are disabled. If you do not agree to the use of cookies, or would like to block some or all of the cookies on our website from being downloaded onto your computer or device, you can do this by manually disabling or rejecting the use of cookies through your internet browser.

4.5. Where you have consented to the use of cookies, you can withdraw your consent at any time by disabling or rejecting cookies as set out above.

5. Communicating with you

5.1. We may use third parties to assist us to send you email communications, including updates that are relevant to your fitness programme. We provide those third parties with your name and relevant contact information. Such third parties may be offshore. Some countries where such third party service providers are based may not have an adequacy decision by the European Commission.

5.2. Where communications we initiate are sent by electronic means the relevant third party (where applicable) will collect information about your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. Information about the device used to access the communication may also be collected. The third party provides or makes available this information to us for the various purposes outlined in this policy. They may also hold this information on our behalf.

5.3. While these third parties are primarily collecting this information on our behalf, some of these third parties also use the information that we provide them and which is collected from your interaction with our communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your personal information to market their or any other person’s services to you.

5.4. We currently use Campaign Monitor to assist us in sending email communications. Campaign Monitor is located in the United States, which does not have an adequacy decision by the European Commission. Our agreement with Campaign Monitor contains appropriate safe-guards in respect of your personal information, as they include standard data protection clauses.

5.5. To understand the ways in which Campaign Monitor collects, holds, uses and discloses personal information, please read their privacy policy, available here.

5.6. If you do not agree with how Campaign Monitor will handle your personal information then you will need to unsubscribe from receiving email updates about your programme. You may unsubscribe in accordance with the unsubscribe facility in any email sending you the communication. We will not be able to send you updates about your programme if you unsubscribe or do not agree to our use of third parties to assist us with our email communications.

5.7. Nomergy will not disclose or use personal information for the purposes of direct marketing unless you have given permission that allows for this to occur. If we have obtained your consent to receiving general marketing communications you may withdraw your consent at any time.

6. Management of Personal Information

6.1. Except as otherwise stated in this policy, your personal information we collect is held by us. Our address is set out below.

6.2. We use third-party service providers to facilitate your payment. In general, these third-party providers will only collect, hold, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

6.3. We currently use Stripe to facilitate your payments. Stripe is based in New Zealand, which has an adequacy decision by the European Commission. Stripe will provide or make available to us the information collected by them as required to enable us to confirm payment and provide the services you have requested. Any credit card details stored for payments are done so on the Stripe system. No credit card information is stored by us. Please read Stripe’s privacy policy, available here, to understand the ways in which they collect, hold, use and disclose such personal information. We may change our provider at any time.

6.4. Nomergy may transfer information to other third parties (including technology providers, providers of business and marketing services and providers of software tools used by us in our business) to perform services on our behalf. These third parties may be based in countries that do not have an adequacy decision by the European Commission.

6.5. The servers and other IT systems we use are currently based in Australia, NZ and the United States and no information is held outside of these countries. Our agreements with these third party IT providers contain appropriate safe-guards in respect of your personal information, as they include standard data protection clauses. All of your personal information held within our IT systems is used solely for the purposes described in this policy.

6.6. If you would like further information about how our agreements with these third parties, or any other third parties referred to in this policy, protect your data, please let us know.

6.7. Nomergy will take reasonable steps to ensure security of your information from risks such as loss, or unauthorised access, destruction, use, modification, or disclosure. Your personal information is maintained in an environment that meets the security requirements of applicable privacy laws and we only permit access to authorised personnel. However, no data transmission over the internet or information stored on servers accessible through the internet can guarantee to be fully secure. These activities are taken at your own risk.

6.8. We will retain your information for as long as needed to provide you our services, to manage backups of your personal information in accordance with our security practices, to be able to address any claim that might be made after you stop using your account, or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of the services provided by the App and our website. Where the information is no longer required, Nomergy will take reasonable steps to destroy the information or ensure that it is de-identified.

6.9. Nomergy will take practically reasonable steps to ensure that all personal information that it collects is accurate, up to date and complete. We encourage you at any time to update your personal information so we can provide the best of service to you.

7. Access and correction of personal information and other rights

7.1. You have the right to access and request correction to your personal information held by us at any time. You may do this through the App, through the website, or by sending us an email at the contact address set out below.

7.2. To exercise any of your above rights, please contact us as follows:

  • Email: hello@masterfitrs.com
  • Address: 6a Aztec Place, New Zealand 8055

7.3. Access to your personal information will be managed in accordance with the New Zealand Privacy Act 1993. In the unlikely event that you are refused access to your personal information, we will tell you the reasons why and recommend that you have this reviewed by the office of the Privacy Commissioner.

8. Further Rights for UK/EU Residents

8.1. For residents of the United Kingdom or the European Union where the Data Protection Act 2018 (UK) or the General Data Protection Regulation 2016/679 of the EU (GDPR) applies, you also have the right to restrict the processing of your personal data, object to processing of your personal data, object to the portability of your personal data, and to obtain erasure of your personal data, in each case in accordance with applicable data protection laws.

8.2. Note that references in this policy to ‘personal information’ should be read as ‘personal data’ for the purposes of the GDPR.

9. Further Rights for Californian Residents

9.1. For residents of California where the California Consumer Privacy Act of 2018 (California Civil code §1798.100 - §1798.199) applies, you also have the right to obtain information regarding the categories of personal information we have collected, the categories of the source of that personal information, the business or commercial purpose for collecting the personal information, the categories of any third parties to which we have shared your personal information, and the categories of personal information we have disclosed for a business purpose.

9.2. You may also request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.

10. Complaints

10.1. If a person or organisation wishes to complain about how we have handled your personal information, you may do so by contacting the General Manager of Nomergy and providing the complaint in writing and insert details there.

10.2. If a dispute were to arise between us and we cannot resolve this with you, then you may lodge a complaint with the New Zealand Privacy Commissioner, or the relevant supervisory authority.

11. Links to other websites

Nomergy is not responsible for the privacy practice or content of any website that is linked to this website. It is your responsibility to investigate the privacy policies of those other sites.

12. Changes to this Privacy Statement This privacy policy may change from time to time, particularly as new rules, regulations, and industry codes are introduced. We will notify our members if there is a change.

13. Privacy programme Nomergy has a privacy programme. Our staff are required to maintain an awareness of privacy requirements, use our systems to manage personal information, ensure all personal information is secured appropriately and not disclose any information to third parties. Our staff are required to sign our privacy policy and we train our staff on privacy matters.