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1.1 This Policy statement provides information on the obligations and policies of RIZAP in respect of an individual customer’s Personal Data. RIZAP undertakes to use reasonable efforts in applying, where practicable, those principles and the processes set out herein to its operations.
1.2 RIZAP's officers, management, and members of staff shall use reasonable endeavours to respect the confidentiality of and keep safe any and all Personal Data collected and/or stored and/or disclosed and/or used for, or on behalf of, RIZAP. RIZAP shall use reasonable endeavours to ensure all collection and/or storage and/or disclosure and/or usage of Personal Data by RIZAP shall be done in an appropriate manner and in accordance with the Ordinance (as defined below) and this Policy.
1.3 For the purposes of this Policy, in line with the provisions under the Personal Data (Privacy) Ordinance (Cap.486), (the “Ordinance”), “Personal Data” shall mean any data relating directly or indirectly to a living individual; from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and is in a form in which access to or processing of the data is practicable. Such Personal Data shall also refer to that which is already in the possession of RIZAP or that which shall be collected by RIZAP in the future.
2. Contacting the Data Protection Officer
2.1 Where you legitimately request access to and/or correction of Personal Data relating to you which is in the possession and control of RIZAP, it shall provide and/or correct that data in a reasonable time and manner in accordance with its standard procedures as stated hereinafter.
2.2 In accordance with the Ordinance, RIZAP has established a process for receiving and responding to any query or complaint that may arise with respect to the application of this Ordinance. To ensure that RIZAP receives your complaints and enquiries, please send the same via email to the Data Protection Officer (the “DPO”) of RIZAP at the following email address: [firstname.lastname@example.org]
2.3 You may also opt out by sending a clearly worded email to the DPO via the email address provided in Clause 2.2. Your request shall be processed within a reasonable time.
3. Statement of Practices
Types of Personal Data Collected
3.1 For the purpose of carrying on RIZAP’s business, including registration and administration of RIZAP’s related products and services, you may be requested to provide, through various means, the following personal data:-
(b) postal address;
(c) phone number (including mobile number);
(d) e-mail address;
(e) payment details, including bank and/or credit card details;
(g) details of emergency contacts;
(j) weight; and
(k) lifestyle habits and general health information.
Failure to provide any of the above data will prevent us from approving your application for membership.
3.2 In addition to the personal data referred to in Clause 3.1, as part of its day to day activities, RIZAP may collect from you, through various means, including via our websites, smart phone applications, marketing events such as road shows and any forms used by RIZAP from time to time, other Personal Data including your fax number and IP address.
3.4 We may use traffic log cookies to identify which pages are being used. This use is designed to assist us in gathering data on web page traffic. The gathered data is used only for statistical purposes and is removed from our database shortly after.
3.5 Overall, the data collected by the cookies is used for the purpose of improving your browsing experience on our website. Cookies do not grant us access to your computer or any information about you outside of your browsing activity on our website.
Purpose of Collection of Personal Data
3.6 The above Personal Data mentioned in Clause 3.1 is collected for the purposes of processing your application and registration of your membership and to ascertain if you are eligible for discounts, privileges or benefits or other related purposes; to conduct market research and analysis; for general marketing purposes; for direct marketing through voice calls; text messages; email; direct mail and facsimile messages; for payment and/or credit control purposes; to notify you of any changes to our policies or services which may affect you; to respond to queries and feedback; for identification and club access; maintaining and updating your membership details; and informing you of new developments, services, promotions of RIZAP and other third parties which we are associated with.
Disclosure of Personal Data
3.7 In order to carry out the functions described above, RIZAP may, from time to time, disclose your Personal Data between RIZAP’s companies.
3.8 Without derogating from any of the above, RIZAP may also disclose your Personal Data to the following third parties, namely: regulators and law enforcement officials; lawyers; auditors; third party service providers and consultants; third party investors; credit, debit and charge card companies, banks and other entities processing payment; and any agent or subcontractor acting on RIZAP’s behalf for the provision of RIZAP’s services.
3.9 RIZAP may disclose your Personal Data to the abovementioned parties also in the occurrence of any of the following events, namely, to the extent that RIZAP is required to do so by the law; in connection with any legal proceedings or prospective legal proceedings; to establish, exercise or defend RIZAP’s legal rights; to the purchaser (or prospective purchaser) of any company, business or asset which RIZAP is (or is contemplating) selling; to any person and/or entity for the purpose of processing such information on RIZAP’s behalf; to third parties who provide services to RIZAP or on its behalf; to any third party that purchases RIZAP’s or RIZAP’s companies, business or any part of RIZAP or RIZAP’s business; for the purposes of disaster recovery; and any other purpose with your specific consent.
Optional Personal Data Requests
3.10 In some instances, you may also be requested to provide certain Personal Data that may be used to further improve RIZAP’s products and services and/or better tailor the type of information presented to you. In most cases, this type of data is optional although, where the requested service is a personalised service, or provision of a product or dependent on your providing all requested data, failure to provide the requested data may prevent RIZAP from providing the service to you. This type of data includes, but is not limited to: your age; gender; salary range and employment details; education and profession; hobbies and leisure activities; other related products and services subscribed to; and family and household demographics.
3.11 Under certain circumstances, telephone calls made to any of the RIZAP companies order and/or service hotlines and/or inquiry telephone numbers are recorded for the purposes of quality control, appraisal, as well as staff management and development. In such an event, by agreeing to this Policy, you hereby give your clear and unambiguous consent for the collection, use and disclosure of such Personal Data in accordance to this Policy.
4. Transfer of Personal Data Overseas
Your Personal Data may be processed by RIZAP, its affiliates, agents and third parties providing services to RIZAP, in jurisdictions outside of Hong Kong. In this event RIZAP will comply with the terms of the Ordinance.
5. Accuracy of Personal Data
Where possible, RIZAP will validate data provided using generally accepted practices and guidelines. In some instances, RIZAP may validate the data provided against pre-existing data held by RIZAP. Accordingly, RIZAP will be required to see original documentation before we may use the Personal Data such as with Personal Identifiers and/or proof of address. To assist in ensuring the accuracy of your Personal Data in the possession of RIZAP, please inform us of any updates or corrections of any parts of your Personal Data by sending a clearly worded email to the DPO at the email address earlier provided.
6. Protection of Personal Data
RIZAP uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity, confidentiality and security of your Personal Data and will not knowingly allow access to this data to anyone outside RIZAP, other than to you or as described in this Policy. Security measures will be employed to protect your Personal Data against unauthorized or accidental access, processing, deletion, loss or use, in accordance with the Ordinance. However, RIZAP cannot ensure or warrant the security of any information you transmit to RIZAP and you do so entirely at your own risk. In particular, RIZAP does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of RIZAP’s physical, technical, or managerial safeguards.
7. Access and Correction of Personal Data
7.1 In accordance with the Ordinance, you have the right to:
a) check whether RIZAP holds any Personal Data relating to you and, if so, obtain copies of such data; and
b) require RIZAP to correct any Personal Data relating to you which is inaccurate for the purpose for which it is being used.
7.2 RIZAP reserves the right to charge a reasonable administrative fee in order to meet your requests under Clause 7.1. Upon payment of the requisite fee, your request shall be processed within a reasonable time.
7.3 If you wish to verify the details you have submitted to RIZAP or if you wish to check on the manner in which RIZAP uses and processes your personal data, RIZAP’s security procedures mean that RIZAP may request proof of identity before we reveal information. This proof of identity will take the form of full details of name, membership number and HKID or Passport number. You must therefore keep this information safe as you will be responsible for any action which RIZAP takes in response to a request from someone using your membership details.
8. Storage and Retention of Personal Data
RIZAP will take all practicable steps to delete, or otherwise anonymise any Personal Data held in the event that the Personal Data is not required for any purposes of RIZAP (including any directly related purpose) for which it was used, unless deletion/anonymisation of such Personal Data is prohibited under Hong Kong law or it is in the public interest not to have the data erased and where the Personal Data is deleted from RIZAP's electronic, manual, and other filing systems in accordance with RIZAP's internal procedures and/or other agreements.
Personal Data that is no longer required shall be identified and deleted/anonymised within a reasonable time frame in a secure manner having regard to the type of data being deleted, destroyed or anonymised. An erasure record will be maintained indicating which Personal Data has been deleted or destroyed and other particulars, but shall contain no personal identifiers.
9. Contacting you
To the extent that any of the communication means which you have provided RIZAP with (which may include, your telephone number and fax number) is/will be listed on the Do Not Call Registry (the “DNC”), by agreeing to this Policy through your signing of any consent form, or by any other means of indication, you hereby grant RIZAP your clear and unambiguous consent to contact you using all of your communication means you have provided to RIZAP including using SMS and MMS messages for the above purposes. This will ensure your continued enjoyment of RIZAP’s promotional rates and services.
10. Change Policy
RIZAP reserves the right to alter any of the clauses contained herein in compliance with local legislation and/or to meet its global policy requirements, and for any other purpose deemed reasonably necessary by RIZAP. You should look at these terms regularly. If you do not agree to the modified terms, you should inform us as soon as possible of the terms to which you do not consent. Pending such notice, if there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
11. Governing Law
11.1 This Policy is governed by and shall be construed in accordance with the laws of the Hong Kong SAR. You hereby submit to the exclusive jurisdiction of the Hong Kong courts.
11.2 This Policy has been prepared in triplicate in English, Chinese and Japanese languages, each having force of law. In case of any divergence of interpretation, the English language version shall prevail.
12.1 This Policy only applies to the collection and use of Personal Data by RIZAP. It does not cover third party sites to which we provide links, even if such sites are co-branded with our logo. RIZAP does not share your Personal Data with third party websites. RIZAP is not responsible for the privacy and conduct practices of these third party websites, so you should read their own privacy policies before disclosure of any Personal Data to these websites.
12.2 RIZAP will not sell your personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites which you may have linked or been directed to RIZAP’s website.
12.3 RIZAP’s websites do not target and are not intended to attract children under the age of 16 years old. RIZAP does not knowingly solicit personal information from children under the age of 16 years old or send them requests for personal data. In case of members who are between 16 and 18 years of age, his/her parents or legal guardian are required to sign a consent form under the Policy on his/her behalf. By signing such consent form, parents or legal guardians are deemed to have confirmed that the relevant member understands and is aware of what he/she has consent and agreed to.
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