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CLUBWARE PRIVACY POLICY
Last Updated: November 2018
PRIVACY STATEMENT:
Clubware takes privacy and data protection issues seriously. We have designed this Clubware Privacy Policy to explain how we handle personally-identifiable information.
The following statements relate to the collection of data, information security and privacy standards applicable to all users of the Clubware Website (Clubware Site) or the Clubware Mobile Application (Clubware App). For the purpose of this policy, Clubware, we and us refer to Clubware Pty Limited and Clubware Limited and their related companies, as the context requires. Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. See “Region-Specific Information” below. Please read this policy carefully.
Clubware provides CRM software specific to the health and fitness industry. As a part of providing these services, we routinely collect and retain personal information about our customers and the third parties with whom our customers do business. For our customers, information about disclosures, transfers and other processing of personal information as part of our payment processing function is set out in the documentation provided to them at the onboarding stage and is outside of the scope of this policy, which relates only to information we obtain through the Clubware Site and the Clubware App.
WHO ARE WE?
New Zealand
Clubware Limited (Company no. 874046) is a company incorporated in New Zealand, with its registered office in Auckland.
Clubware is distributed in New Zealand by Debitsuccess Limited.
Australia
Clubware Pty Limited (ACN 115 985 905) is a company incorporated in Australia, with its registered office in Brisbane, Queensland 4000.
Clubware is distributed in Australia by Debitsuccess Pty Limited and Paysmart Pty Limited.
United Kingdom and Europe
Clubware is distributed in the United Kingdom and Europe by Harlands Services Limited and Debit Finance Collections PLC.
USA
Clubware is distributed in the USA by Debitsuccess USA Incorporated
Clubware Limited, Clubware Pty Limited, Debitsuccess Limited, Debitsuccess Pty Limited, Paysmart Pty Limited, Harlands Services Limited, Debit Finance Collections PLC and Debitsuccess USA Incorporated are all members of the Transaction Services Group (TSG).
PERSONAL INFORMATION WE OBTAIN
Clubware is a member management system, it enables our clients to manage information about its members.
To this end Clubware will process:
- Personal details such as demographic information including name, address, date of birth, email address, phone number
- Member physiological data such as height, weight, body fat measurements which would be freely given by the data subject
- Service usage data
- Booking history
- Communication history
- Personal information relating to an employee including, name, email address, phone number.
- Business contacts, including names, phone numbers and email addresses.
If you would like to unsubscribe from our mailing lists, please either use the unsubscribe feature within the mail, or, send a request to unsubscribe to the relevant email address set out in ‘Region-specific Information’ section below.
HOW WE USE PERSONAL INFORMATION
We may use your personal information for a number of reasons including the following:
- To set up and administer your registration, and use of, the log in facility available on the Clubware Site and/or the Clubware App; and
- For record-keeping and administration purposes;
- To improve and personalise your experience when you use the Clubware Site and/or the Clubware App;
- To make improvements to our products and services;
- To contact you regarding any enquiry you make;
- For statistical analysis;
- To contact you by email, telephone or post including, if you have consented, to share Clubware newsletters or other updates, communications and/or publications;
- For direct marketing purposes subject to your consent (as required by applicable law);
- For compliance with applicable laws and/or regulations.
PERSONAL INFORMATION DISCLOSURES
Clubware is a global business headquartered in Auckland, New Zealand, and is a member of TSG. Clubware is distributed through related TSG companies in various countries around the world. Your personal information may, with your consent (if required by law) be disclosed to recipients located outside of your country, including to another TSG company as is required to help us run our business. These types of third parties may include service providers engaged to perform functions on our behalf or to provide services to us, including (without limitation) legal, accounting, audit, consulting and other professional service providers. Some of our services may be provided by organisations with which Clubware has a contractual relationship (including subcontractors), and, as a consequence, your personal information may be disclosed to them. We take steps aimed at ensuring that your personal information is disclosed by us only as is necessary for such organisations to perform their contracted services, and for no other purpose.
Clubware may also disclose your personal information:
- For legal or regulatory compliance purposes including:
- to exercise our legal rights or defend legal proceedings;
- cooperating with law enforcement, regulatory or other government agencies;
- as permitted by applicable laws and/or regulations; and
- as required by a court order;
- When we hold a reasonable belief that disclosure is required:
- in order to investigate, prevent, or take action regarding actual or suspected illegal activity; and
- to protect and defend Clubware’s rights or property or safety of Clubware, its customers, staff, suppliers or others.
Clubware will not disclose personal information to others other than as set out in this Policy or as agreed to contractually by our customers or otherwise consented to.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You have the right to request from us copies of or access to your personal information that we hold. Please contact us for further details. We may request payment of a small fee, as permitted under applicable law. If you believe that any information we have about you is inaccurate or incomplete, please inform us as soon as possible.
DATA AGGREGATION AND ANONYMISATION
We may aggregate or anonymise your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymised or aggregated data. For example, for statistical analysis and administration including trend analysis, to design products and services and to analyse costs and charges in relation to our products and services, and to conduct risk assessment. We may share anonymised or aggregated data with our related companies and with other third parties. This policy does not restrict Clubware's use or sharing of any non-personal, summarized, derived, anonymised or aggregated data.
COMMITMENT TO SECURITY, PRIVACY AND STANDARDS
We take our responsibility to protect the security and privacy of the personal information we hold seriously. We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Such attempts and any other suspect behaviour may be reported to the appropriate authorities.
Please remember that communications over the internet such as emails are not completely secure. We endeavour to keep secure all confidential information and personal information submitted to us through this website in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through this website.
COOKIES
In providing this website, Clubware utilises "cookies". A cookie is a small text file that is stored on your computer for record-keeping purposes. A cookie does not identify you personally or contain any other information about you, but it does identify your computer.
We and some of our related companies and third-party service providers may use a combination of “persistent cookies” (cookies that remain on your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when you close your browser) on the website to, for example, track overall site usage, and track and report on your use and interaction with ad impressions and ad services.
You can set your browser to notify you when you receive a cookie so that you will have an opportunity to either accept or reject it in each instance. However, you should note that refusing cookies may have a negative impact on the functionality and usability of the website.
We do not respond to or honour “Do Not Track” requests at this time.
EXTERNAL LINKS
Clubware may provide links on this website to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our site, and to read the privacy statements/policies of each and every website that collects personal information. This policy applies solely to information collected by us. You should read any other applicable privacy and cookies policies carefully before accessing and using such other websites.
MINORS
This Website is not intended for use by children. We do not solicit or knowingly accept any personal information from persons under the age of 18.
CLUBWARE COMPLAINTS PROCESS
If you wish to complain about how we have handled your personal information, please provide our Privacy Officer with full details of your complaint and any supporting documentation:
- by e-mail at privacy@transactionservices.global
Our Privacy Officer will endeavour to:
- provide an initial response to your query or complaint within 10 business days, and
- investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
If you are still not satisfied, you may have the lodging an official complaint with a Government agency. Please see the ‘Region-Specific Information’ section below.
REGION-SPECIFIC INFORMATION
Users in the following regions and countries should read the sections below, which contain additional information about regional-specific privacy laws and regulations. In the event of conflict between the information above and the sections below, the sections below will prevail for the regions and countries specified.
United Kingdom and other countries within the European Economic Area
Your personal information may be processed in countries outside the European Economic Area (EEA) which may not have data privacy laws equivalent to those in the EEA. This includes transfers between Clubware and its related companies. The relevant Global Payments companies will take the necessary measures to ensure protection of your personal data collected through this website in accordance with applicable data privacy laws.
Unsubscribe email address: dataprotectionmanager@clubware.co.uk
European Union: Data Controller Identification
Either Harlands Services Limited or Debit Finance Collections PLC. (as applicable) as distributors of Clubware in the European Union, will be responsible under applicable privacy laws to the extent they use your personal information for their own purposes. If Clubware or any of its other related companies uses your personal information for its own purposes, that entity may also be responsible under any privacy laws applicable to it. You may contact either Harlands Services Limited or Debit Finance Collections PLC. to receive additional information about the third-parties to whom your personal data is shared as well as the legal basis for processing such data, and specific information about exercising your data subject rights under the General Data Protection Regulation (GDPR).
Australia
Under the Privacy Act 1988 (Cth) (the Australian Privacy Act), you have the right to:
- request access to your personal information;
- request the correction of your personal information; and
- complain about a breach by us of the Australian Privacy Principles (in Schedule 1 of the Australian Privacy Act) or any binding registered APP Code.
We will handle any complaints or requests for access to or correction of personal information in accordance with our obligations under the Australian Privacy Act. All complaints are taken seriously and will be assessed by appropriate personnel with the aim of resolving any issue in a timely and efficient manner and in accordance with the Australian Privacy Act.
If you would like to lodge an official compliant, you can contact the Australian Information Commission:
Office of the Australian information Commission
Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000
Postal Address: GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Unsubscribe email address: dataprotectionmanager@clubware.com.au
New Zealand
For information collected from customers resident in New Zealand, we will deal with your personal information in accordance with the Privacy Act 1993 and this policy.
If you would like to lodge an official compliant, you can contact the Office of the Privacy Commissioner:
Office of the Privacy Commissioner
Phone: 0800 803 909 (Monday to Friday 10:00 am to 3:00pm)
Email: enquiries@privacy.org.nz
Unsubscribe email address: dataprotectionmanager@clubware.co.nz
United States of America
If you are in the United States and have any queries or complaints about the processing of your personal information, you can contact the Federal Trade Commission as follows:
Federal Trade Commission
Headquarters Address: 600 Pennsylvania Avenue NW, Washington DC, 20580
Phone: (202) 326-2222
https://www.ftccomplaintassistant.gov
Unsubscribe email address: dataprotectionmanager@clubware.us
THIS POLICY MAY BE UPDATED FROM TIME TO TIME
Clubware reserves the right to change this policy at any time, and any amended policy is effective upon posting to this website. We will make every effort to communicate any significant changes to you via email or other notification. Your continued use of our services and access of this website, will be deemed acceptance of any amended policy.