LES MILLS PRIVACY NOTICE
Last updated 24 April 2024
INTRODUCTION
Les Mills is committed to protecting and respecting your privacy.
This privacy notice (together with our terms of use) sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us.
This notice may change from time to time and, if it does, the latest version will be available on our platform (and, where appropriate, brought to your attention).
Key Points
- Les Mills International Limited is the data controller of personal information processed through your use of our platform.
- The type of the personal information processed by us includes information about the club you are associated with and actions you take whilst logged on, as well as technical information about video viewing.
- We use your data, amongst other things, to provide you with our platform, carry out analysis of the use of our platform, comply with any legal or regulatory obligation and troubleshoot technical issues.
- We disclose personal information to our service providers and analytics providers who assist us to provide the platform to you.
- You have a number of rights that you may exercise in relation to our use of your personal data, and you may exercise these by contacting us through the communication methods set out in the 'Rights Regarding Your Information' section below.
You can find information about us and how we collect, use and store your personal data in each section of this notice:
- Who are we
- Information we collect
- How your information will be used
- Disclosure of your information
- International transfers
- Data retention
- Security of your information
- Linked Sites
- Children
- Rights regarding your information
- Changes to our privacy notice
- Contact
WHO ARE WE
This Les Mills Content Portal (the “platform”) is controlled by Les Mills International Limited (“we”, “us”, “our”) whose registered office is at Level 2, 200 Victoria Street West, Auckland 1010, New Zealand.
In this Privacy Notice:
- the “Les Mills Companies” means all subsidiaries and affiliate companies from time to time owned by Les Mills International. If you require a full list of entities comprising the Les Mills Companies, please contact us as described in the “Contact” section below; and
- “Partner” means authorised distributors, commercial partners, health and/or fitness clubs or any other organization that Les Mills has licensed to use the Les Mills Content and the platform.
INFORMATION WE COLLECT
We will collect and process the following information:
Information you give us
This is information about you that you give us when you browse or use the platform. It includes information you provide when you register to use the platform. The information you give us may include your name, e-mail address and Partner you are associated with.
Information we collect
We will automatically collect the following information:
- technical information, including the IP address used to connect your computer or device to the Internet, your login information, browser type and version, time zone setting, anonymised location data to city/ state/ country level, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full URL, clickstream to, through and from our platform (including date and time), videos viewed or searched for, page response times, application or network faults that impact your visit, application or network faults that impact your visit, length of visits, methods used to browse away from the page;
- information about end user viewing of videos such as city/ state/ country, video name, video metadata, video progress, errors, startup time, playing time (total and per video), file downloads, video abandonment.
HOW YOUR INFORMATION WILL BE USED
Whenever possible, we anonymise the data so that it cannot be connected to any individual person. We use information held about you in the following ways.
A. We process data for the following purposes based on our legitimate interests:
- to ensure that content from our platform is presented in the most effective manner for you and for your device (and/ or the end user’s device);
- to administer our platform and for internal operations, including optimisation, troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to ensure you are an authorised user for a Partner and that the content you access and use is permitted under the contract between us and that Partner;
- as part of our efforts to keep our platform safe and secure;
- to comply with legal and regulatory requirements.
B. We will process data for the following purposes based on our performance of a contract:
- to carry out our obligations arising from any contracts entered into between us and the Partner that you are associated with;
- to notify you about changes to our platform.
C. We will process data for the following purposes based on your consent:
- first party analytical cookies, where that is required by law.
DISCLOSURE OF YOUR INFORMATION
Service Providers
We provide access to or disclose your information to third parties that perform services on our behalf to run the platform, such as customer service, technical infrastructure services, data analysis, web and other analytics.
Analytics
We will, when we have the right to do so according to applicable privacy laws, serve cookies to collect and disclose certain limited information to our analytics providers that use the data to determine activity on our platform such as which country you’re from, what videos you view, when videos are started and stop, what pages you navigate to and from within the platform well as for platform optimization. These analytic providers collect, store and use data by integrating first and third-party cookies on our platform. In some cases these third parties will also use the data that they collect for their own purposes, for example, they may aggregate your data with other data they hold and use this to inform advertising related services provided to other clients and work with other advertising companies and share collected information with such companies as part of the process. Please see our Cookie Declaration for more information on the third-party advertising companies which collect, use, process and store data about you, and the use of cookies on our platform.
Disclosure under certain circumstances
We will, based either on your explicit consent, or otherwise when we have the right to do so according to applicable regulations, disclose your information to:
- Les Mills Companies for the purposes described in this notice;
- In the event that we are considering selling or transferring any part of our business or assets, including as part of a restructure of our businesses amongst the Les Mills Companies, we may disclose your information to the prospective buyer or transferee of such business or assets subject to appropriate confidentiality arrangements;
- If a Les Mills Company or substantially all of its assets are acquired by a third party, in which case information held by that company about our customers will be one of the transferred assets;
- In order to comply with any law or legal process, or if we believe in good faith that disclosure is reasonably necessary to enforce or apply our terms of use (link to terms of use when uploaded) and other agreements, this privacy notice, and other agreements, including investigations of potential violations; to respond to claims that any content violates the rights of third parties; or to protect the rights, property, or safety of any Les Mills Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- Where you have otherwise consented that we may do so.
INTERNATIONAL TRANSFERS
Individuals (especially within the United Kingdom or the European Economic Area, or “EEA”) should be aware that we and other third party recipients of their personal information, such as the Les Mills Companies or our service providers will not be located within your jurisdiction or within the UK or EEA. For instance, the servers that host the platform are located in the United States, and personal data may be transferred to New Zealand in connection with the purposes stated above. Steps will be taken to protect your personal information in that instance consistent with applicable law, for example entering into contractual clauses which mirror the European Commission standard contractual- clauses where personal data concerning EU or UK citizens is shared with a party outside the UK or EEA (as relevant) based in a country which is deemed not to have adequate data protection safeguards in place.
DATA RETENTION
We retain the information we collect from you in order to provide services and fulfil transactions that you requested, and for other necessary purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements, and for fraud prevention and related security purposes. In determining how long to retain information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from authorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. For example, we retain your email address as an authentication credential (where applicable) as long as you are accessing the account of the Partner that you are associated with with us and an additional period of time after that for our legitimate interests and for our fraud and legal compliance purposes. We may delete or de-identify your information sooner if we receive a verifiable deletion request, subject to exemptions under applicable law. We may retain cached or archived copies of your information. For more information on your rights , see below under “Rights Regarding Your Information”.
SECURITY OF YOUR INFORMATION
To help protect the privacy of data and personally identifiable information we collect from you or about you, we maintain physical, technical and administrative safeguards. Unfortunately, no method of transmission via the internet, and no means of electronic or physical storage, is completely secure. By using our platform, you acknowledge and accept that we cannot guarantee the security of your data transmitted to our platform, and your use of our platform is at your own risk.
CHILDREN
We do not knowingly collect information from children under the age of 16 and the platform is not directed to children under the age of 16. We encourage parents and guardians to take an active role in their children’s online activities and interests. Please contact us at privacy@lesmills.com if you are aware that we may have inadvertently collected personal information from a child under the age of 16 and we will promptly take steps to delete such information and terminate the child’s account.
RIGHTS REGARDING YOUR INFORMATION
In addition to the other rights and choices described in this notice, you have these rights and choices regarding your information:
Depending on your jurisdiction, you may have the right to make certain requests regarding your “personal information” or “personal data” and (as such terms are defined under applicable law, and collectively referred to as “personal information”). Specifically, you may have the right to ask us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- ask us not to process your personal information for the legitimate interests that we have set out above. In certain circumstances we may not be able to stop using your personal information but, if that is the case, we'll let you know and tell you why;
- receive the personal information that you have provided to us in a structured, commonly used and machine-readable format, and to transmit that data to another data controller;
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
- the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below.
- lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal data.
As provided in applicable law, you may also have the right to not be discriminated against for exercising your rights. Certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. Depending on your jurisdiction, you may be permitted to designate an authorised agent to submit certain requests on your behalf. In order for an authorised agent to be verified, you must provide the authorised agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorised agent’s request. If you wish to exercise your right of erasure click here. If you wish to exercise any of your other rights, please send your request to privacy@lesmills.com.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes. Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising.”
We provide very limited personal information to our analytics partners to assist us in analysing use of our platform. The disclosure of your personal information to these analytics providers to assist us in providing the platform may be considered a “sale” of personal information under applicable law, or the processing/sharing of personal information for targeted advertising purposes.
If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising, please do so using the applicable cookie banner. As at the date of this privacy notice we have no offline disclosures of information that are subject to applicable opt out rights so there is no additional step to take for these sales or sharing. Depending on your jurisdiction, you may be permitted to designate an authorised agent to submit such requests on your behalf. If you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognise such preference if required by applicable law.
CALIFORNIA PRIVACY NOTICE OF COLLECTION
This section supplements this notice with additional information for California residents about our information collection and use practices as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”). In this section, the terms “personal information” and “sensitive personal information” have the meanings set forth in the CCPA.
The following chart provides information about our practices in relation to the 12 months leading up to the effective date of this policy in relation to the categories of personal information that we collected from California residents generally, including the categories of sensitive personal information (precise location information and health information), the purposes for which we use the information, and the categories of third parties to whom we disclose the information for business purposes.
Categories of information collected | Purposes of use | Categories of third parties to whom we disclose the information for business and operational purposes |
Identifiers, such as name, and email address, and information about your browser or device such as your IP address. |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Customer service information, such as questions and other messages you address to us directly |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Transactional information, such as information about your transactions with us. |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Survey, research, feedback, information, such as information you provide in response to a survey on in relation to the platform. |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Internet network and device activity data, such as browsing and video viewing information. |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Geolocation information, such as your country/ state/ city based on IP address and other indicators |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Other information, meaning any other information that you provide in the course of using the platform. | Purposes of use will depend on the information provided. | Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Sale and Sharing of Personal Information. As explained in the “Disclosure of Your Information” section above, we sometimes disclose information to unaffiliated third parties we collaborate with. This disclosure of information may be considered a “sale” under the CCPA. We use analytics partners to assist us in analyzing use of our platform. The disclosure of your personal information to these third parties to assist us in providing this platform may be considered a “sale” of personal information under the CCPA, or, the “sharing” of your personal information for purposes of “cross-context behavioral advertising.”
The following chart lists the categories of personal information we have sold or shared over the last 12 months and the categories of third parties to which we have sold or shared:
Category of Personal Information | Categories of Third Parties to Which we Have “Sold” This PI | Categories of Third Parties with Which we Have “Shared” This PI |
Identifiers |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Transactional information |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
Internet network and device activity data such as video viewing |
| Nil (platform was not operational in the 12 months leading up to the effective date of this notice) |
If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising from our Content Portal, please click on the relevant choice in the cookie banner. At the date of this privacy statement we have no offline disclosures of information that are subject to applicable opt out rights. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
“Shine the Light” Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes.
CHANGES TO OUR PRIVACY NOTICE
We may update this notice from time to time in our sole discretion. You can know if the notice has changed since the last time you reviewed it by checking the “Last Updated” date at the top of this page. We encourage you to look for updates and changes to this notice periodically. If we make a material change to this notice, we will endeavour to notify you through the platform, by email, and/or by other legally permissible communication as required by applicable law. Your continued use of the platform after any changes to this notice are in effect constitutes your acceptance of revisions to this notice.
CONTACT
Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to privacy@lesmills.com.
Our address is Level 2, 200 Victoria Street West, Auckland 1010, New Zealand.
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