Privacy Policy

Effective Date: January 2023

CJC Operations NZ Limited and our subsidiaries (together “Curves”)’ website (www.curves.com) (“Site”), the Curves mobile app, and the MyCurves On Demand (“MCOD”) mobile app (the “Apps”) a respects your right to privacy and understand that protecting your personal information is important. We comply with the New Zealand Privacy Act 2020 (Privacy Act) when handling personal information. This Privacy Policy explains how we collect, hold, use, disclose and protect your personal information

We are committed to protecting the privacy of all individuals we deal with and will treat your personal information confidentially and according to applicable privacy laws which include the Privacy Act 2020 (“Act”).

 

INFORMATION COLLECTION

Depending on the type of interaction(s) or service(s) we have with you we could collect any combination Personal information means information about an identifiable individual (a natural person). including: when you give it to us, when we receive it from third parties, and when we collect it automatically.

Information You Provide

Curves collects information from you when you choose to share it with us as you:

  • access our Services;
  • establish a membership with us;
  • create an account with us;
  • request information from us;
  • sign up for newsletters or our email list;
  • post on our social media accounts (including but not limited to message boards and chat rooms);
  • make a purchase or sign up for a subscription;
  • or otherwise contact us.

For the most part, the categories of information we collect depend on how you use our Services. For example, we may collect the following when you:

  • Join a Program or Request a Consultation: your name, email address and postal code.
  • Become a Curves Member: in addition to the above, your physical address, photo/image, gender, date of birth, health information (such as your current weight/measurements and goal weight/measurements), and credit/debit card number or other financial information, including information about your purchases from us.
  • Join MCOD: your name, email address and postal code.
  • Become a MCOD Member: in addition to the above, your physical address, photo/image, gender, date of birth, health information (such as your current weight/measurements and credit/debit card number or other financial information, including information about your purchases from us.

In addition, we may also collect demographic and other data for market research, advertising and promotional purposes.

We display personal testimonials of satisfied customers on our Services in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]. You may revoke the consent at any time as outlined in the consent agreement provided when we ask for your consent to post.

Public Forums & Reviews

Any information that you may disclose on our Services such as in blogs, on message boards, in chat rooms, or on other public areas on the Services, becomes public information. Please exercise caution when disclosing personal information in these public areas. If you terminate your account, we may continue to show some of your content in anonymised form.

Information We Receive From Third Parties

We may receive information about you from our third party franchisees in order to provide online membership services, under a requirement that your information is then subject to the terms of this policy while in our possession or control.

In the event of a complaint, we may also receive Personal Information about you from other parties or from other users or third parties who may communicate information to us about you in relation to that complaint.

Information Automatically Collected

We may collect some information automatically, including: cookies, web beacons, log files or other technologies. We use this information to learn about our Service users, to allow you to save your password, to deliver online advertisements that we think would be more relevant to your interests, to monitor interactions with our emails and online advertisements, and to link data collected across other computers or devices that you may use.

Some of this information may include: your browser type, operating system, Internet Protocol (“IP”) address, software version, and the domain name from which you accessed the Services. In addition, we may collect information about your browsing behaviour, such as the date and time you visit the Services, the areas or pages of the Services that you visit, the amount of time you spend viewing or using the Services, the number of times you return to the Site, other click-stream or Service usage data, and emails or ads that you open, forward or click through to our Services.

You may have the option of choosing whether or not to share some of this Personal Information with us. For example, your browser may allow you to turn off cookie sharing. If you choose to turn off cookies, however, some portions of our Services will not work properly for you, or you will not be able to register or access certain sections of the Services.

Social Media and Sharing

Our Site includes social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs, that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing them.

Your Information Choices

You may update the information you provide us at any time through accessing your account on the Site or the Apps.

If you would like to stop receiving promotional or advertising messages from Curves, you can click here ([email protected]). You can also unsubscribe by clicking the “Unsubscribe” button at the bottom of any promotional email. Even if you unsubscribe, we will still send you other non-commercial emails, such as information about a purchase you make or changes we’ve made to our Privacy Policy or Terms of Use.

 

INFORMATION USE

Curves may use the information we collect from and about you for multiple purposes, including:

  • To operate our Services;
  • To enhance our Services, including research and development for new products and services;
  • To sell and deliver customised Service content, targeted offers and advertising on the Services, on other sites or apps, or via email;
  • To analyse our Service traffic and optimise how we lay out content on the Services;
  • To fulfil orders, provide services, and communicate with customers;
  • To post reviews of our Services;
  • To contact you with information, newsletters, and promotional materials from Curves and otherwise contact you when necessary;
  • To review the usage and operations of our Services;
  • To address problems with the Services or our business;
  • To promote the Services;
  • To manage our telecommunications networks;
  • To protect the security or integrity of the Services and our business;
  • To use and disclose your credit/debit card information only to process payments and prevent fraud; and
  • Any other use as described to you at the point of data collection.

We may combine the information you provide to us with information: (1) from and about you that we automatically collect when you use Services, (2) we collect when you visit a Curves Club, or (3) from other online and offline sources in an effort to provide you with a seamless experience, better serve your needs, and provide you with content and advertising that is more relevant to your interests.

Information Disclosure/Sharing

Curves may also disclose the personal information we collect from and about you as follows:

  • To our third-party service providers (“Service Providers”), if the disclosure will enable them to perform a business, professional or technical support function for us (as described further below);
  • As necessary if we believe that there has been a violation of the relevant Curves Terms of Use or of our rights or the rights of any third party;
  • To respond to judicial process and provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law;
  • To contracted third parties who provide educational content regarding fitness and health;
  • In the context of a sale of our assets or business as described below; and
  • As described to you at the point of collection.

Curves may also share aggregate, de-identified information with third parties for our business purposes.

Curves may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, Personal Information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganisation proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through these Services in a manner that is consistent with this Privacy Policy.

Service Providers

Service Providers will have access to your information needed to perform their business functions, but may not use or share that information for other purposes. All companies with which we do business have agreed to be bound by the terms of this Privacy Policy and will not sell, rent, or otherwise transmit your personal information to third parties.

Your Rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access and Correction: Subject to certain grounds for refusal set out in the Privacy Act, you may request access to, and correction of, the personal information that we hold about you. Please contact us using the details below. We will deal with your request in accordance with the Privacy Act.

Retention: We will not keep your personal information for longer than is required for the purposes for which your personal information may lawfully be used.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.

How We Protect Your Personal Data

The security of your personal data is important to us. We follow generally accepted standards, to protect sensitive Personal Information, such as your credit card number, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is one hundred percent secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can contact us at [email protected].

Please note we do not store payment card information.  These are captured by a payment gateway system that is Payment Card Industry Data Security Standard compliant.  That system will only deal with your personal information in accordance with the Privacy Act and their privacy policy.

Also note that though we may collect your bank account details in some circumstances, the information is encrypted once entered so it is no longer visible to the end user.

Your personal information will be disclosed to and stored in an electronic database located in the United States of America and may be accessed by us, and our related entities and affiliates located in Australia, the United States, Canada, and Japan. If your personal information may be otherwise disclosed to any other entity located overseas, we will notify you through this Privacy Policy.

We will take all reasonable steps to ensure that your personal information is protected against misuse, interference, and loss, and unauthorised access, modification, or disclosure.

When your personal information is no longer needed for the purposes for which we are authorised to use or disclose it, and the information is not required to be kept under any law, we will take reasonable steps to destroy the information or to ensure that the information is de-identified.

You are not required to disclose your personal information to us, however, if you do not do so, we may not be able to provide you with any health and fitness products or services that you have requested or provide you with an appropriate response to any enquiries you have made. Further, if you do not disclose your personal information, you may not be able to obtain the maximum benefit from being part of a global network, which includes a significant number of Curves Clubs and a head organisation that invests considerable resources into beneficial research.

Non-Personally Identifiable Information

Any non-personally identifiable information, communications and material you send to this Site or to us by e-mail, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. You agree that any information you send to these Services is truthful, does not violate the rights of others, and is legal for us to possess and use.

Links to Other Websites

The Services may have links to third-party websites or applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications. Please note that if you provide any information on your own to third parties, different rules may apply to their use or disclosure of your personal information. We encourage you to investigate and ask questions before disclosing information to third parties.

Our Commitment to Children’s Privacy

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of thirteen. If we discover that a child under the age of 13 has submitted Personal Information without verifiable parental consent, we will delete that information. If you are the parent or legal guardian of a child under 13 years old and you believe we have received Personal Information from your child, please contact us at [email protected] to request deletion of that information.

Updates to This Policy

Curves reserves the right to revise this Privacy Policy at any time, and may apply any changes to Personal Information previously collected, as permitted by law. If we change the Privacy Policy in a material way, we will provide notice to you by posting the updated Privacy Policy on our Services and updating the effective date to reflect that changes have been made. Your continued use of our Services following any such change constitutes your agreement to follow and be bound by the terms as changed.

If You Have Questions

If you have questions about this Privacy Policy or the practices described herein, you may contact us at [email protected].

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