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Privacy Notice

This notice is effective from 17th November 2023.

 

Who is Actionary Limited?

Actionary Limited is a company based in Tauranga, New Zealand. Actionary, together with its related companies, trade[s] as “My Virtual Mission” and “The Conqueror”.

Actionary’s Head Office is 331 Maunganui Road, Mount Maunganui, New Zealand.

NZ Company Number: 5961993
Email: [email protected]

 

What personal information do we collect?

Any optional information is clearly highlighted, and you can utilise our services without providing this information.

This is the personal information that we collect per service:

When you create an account

We collect your contact details and other information about you, in order to create an account for you. We collect your date of birth to ensure that the content provided within the application is suitable and we may also send you discount vouchers on your birthday.

We store the selected language and determine your location and time zone using geolocation services (if access is provided) so that we can customize your use of our services.

You can amend your location, time zone and are optionally able to add a personalised profile picture.

When you purchase or join a Conqueror challenge

If you purchase a Conqueror challenge we use Stripe Inc, a PCI compliant third party, to collect and process your payment information. Your card will be charged in accordance with Stripe’s terms for the purchases you make on our site, including saving your card details for any post-purchase offers that you accept. Stripe will not charge your card without your permission.

We collect your IP address to calculate taxes where relevant. We may also collect contact and delivery information to enable us to send apparel and marketing. You may opt out of receiving marketing emails.

If you join a Conqueror challenge we will ask you to complete a short questionnaire so that we can customize your use of our services.

When you complete a Conqueror challenge

When you complete a Conqueror challenge we collect contact and delivery information to enable us to send your medal as a reward for completion, and marketing via SMS and/or email (if you opted in). Mobile Terms of Service available here

When you join an MVM mission

If you join an MVM mission, you may be asked to provide additional information that the Mission Admin has specifically requested. Actionary does not use this information for any purpose, including marketing.

If you join an MVM mission using Mission Page Checkout and credit card payments, we use Stripe, a PCI compliant third party, to collect and process your payment information.

When you administer an MVM mission

If you are an MVM admin we may collect your billing information for the purpose of generating a payable invoice through Xero (accounting software). Payment processing is held on Xero’s website(s).

When you connect an app or device

As part of connecting to an app or device, to sync your distances/activities, you will be required to consent to the sharing of your devices information with us. We may use this information for debugging specific issues you have reported. The information provided will vary on the app or device used but can contain information such as the locations you have exercised, the route taken, and your heart rate/other health data.

We only use and store the following information and dispose of all other health/location data provided by the connected service.

  • Distance travelled
  • Number of steps
  • Activity type (e.g. running/walking)
  • Duration of activity
  • Third-party app name / data sources

When you post a distance

You are able to add comments or photos to accompany the details of the exercise completed. The visibility of these comments and images depend on your profile privacy settings.

When you contact us via social media, email us or use our live chat feature

We will collect and store your contact information, and also collect the contents of your communication, to enable us to provide you with support services.

When you sign up for our newsletter

When you sign up to receive our newsletter we will collect your name and email address. We will also collect details about how you interact with newsletters we send e.g., did you open the email.

Anonymised information

We may collect statistical information, such as visit counts and traffic sources, so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information is aggregated and therefore anonymous.

 

What personal information do others collect?

If you use AddThis to bookmark any of our pages, then Oracle may use information collected about the pages bookmarked as detailed in their privacy policy.

If you use our services whilst logged into the following services, then they will collect information about your browsing as detailed in their privacy policy.

We use Google Analytics to collect information about your browsing habits whilst using our services. As detailed within Google’s privacy policy, Google may share this information publicly and with their partners.

How do we use cookies?

A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website.

We use cookies for a variety of purposes. Read our Cookie Notice to learn more about the cookies we use and what we used them for.

The Conqueror Website also uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via SMS. SMS messages are only sent if you have previously opted in

Why do we collect your personal information?

We collect personal information for some or all of the following reasons:

  • enable us to provide the services you have subscribed to
  • support capacity planning
  • comply with our legal obligations e.g., tax obligations
  • provide information and marketing materials to you about our services
  • provide content that you requested
  • consider your job application
  • reach out to you to obtain your feedback about our services
  • assist with your support request
  • enable us to identify breaches of our terms and conditions
  • answer your query
  • identify potential customers who may wish to utilise our services

Actionary does not collect personal information for use by others.

 

What legal basis do we have for processing your personal information?

We process your personal information because you’ve given us permission, and we need to process the information to provide the services you have requested and/or to fulfil our contract with you. We may also process your personal information to comply with the law e.g., our tax obligations.

 

What information is shared with other users?

You are able to select in your profile if you wish your profile page details to be made available to everyone or just people in your team of the challenge(s) you participate in. You can change this setting at any time.

Depending on the privacy settings you select, these items, excluding your email address, will also be shared with everyone or just people in your team of the challenge(s) you participate in. You can change this setting at any time.

 

Who else do we share your information with?

We utilise a number of sub processors to enable the provision of services to you. Personal information may be provided to these sub processors as part of delivery of the services. A list of sub processors is available here.

We do not disclose your personal information to any third party other than those described previously or when legally mandated.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

Use of Services by children

Actionary applies certain restrictions on the Conqueror accounts of those under the age of 16:

  1. Privacy settings with the Conqueror app, default to private so that no other users can view or interact with the child’s profile or activity.
  2. Privacy can be changed to ‘restricted’ so only users who are in a team or community with the child can see the child’s information and activity.
  3. Privacy cannot be set to public, so users who are not in a team or community with the child are unable to see any information, or activity, of that child.
  4. Children can only join private communities which are password protected.

Information collected about children is not used for marketing purposes.

Your Rights as a Parent/Guardian

You have the right to review your child’s personal information at any time. You can request this information by contacting [email protected].

You have a right to revoke your consent and refuse the further use or collection of personal information from your child. If you do this, we will delete your child’s account. You can do this by contacting [email protected].

You have the right to request that we delete your child’s account and all personal information we hold about them. You can do this by contacting [email protected].

Verification information may be required to complete a request, which will be deleted upon its completion.

 

How do we secure your information?

Your personal information is held in a controlled and secure environment. We use appropriate technical, organisational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration and destruction.

You must prevent unauthorised access to your account by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

 

Do we use automated decision making or profiling?

We do not use automated decision making or profiling.

 

How long do we keep your information?

We only keep your personal information for as long as it is required.

We will keep your personal information:

  • Until we no longer have a valid reason for keeping it.
  • Until your account is deleted.
  • For as long as required by law e.g., we keep invoice information for 7 years to fulfil our tax obligations.

We may keep just enough of your personal information to ensure that we comply with your requests. We will not use your personal information for any purpose other than those described in this notice and will comply with your right to deletion.

 

Where do we hold your information?

Your information may be accessed by our global team as required to provide services to you. We hold your personal information in cloud storage, with servers in the United States and New Zealand.

  • United States of America
  • New Zealand
  • Ireland

 

What are your rights?

Your rights How we protect your rights
The right to be informed We have published this privacy notice to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your personal information.
The right to access You have the right to access your information. Please email us if you want to access the personal information we hold about you.
The right to correction If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. You can correct your information either within your account, or by emailing us.
The right to deletion This is sometimes called ‘the right to be forgotten’. If you want us to delete all your personal information please email us.
The right to data portability We will allow you to obtain and reuse your personal information for your own purposes across services in a safe and secure way. Please email us if you wish to port your information.
The right to object You have the right to object to how we process your personal information. If you wish to object please email us to delete your account.
The right to withdraw consent If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time. You can withdraw your consent within your account, by emailing us.
The right to complain to a Supervisory Authority You have the right to complain if you feel that we have not responded to your requests to solve a problem.

 

How you can lodge a complaint

There are a few ways to lodge a complaint:

  • With us directly, in writing, to our Data Protection Officer at
    Actionary’s Head Office
    331 Maunganui Road
    Mount Maunganui
    New Zealand
  • Or you can email our privacy team.
  • With the New Zealand Office of the Privacy Commissioner.
    Information about how to lodge a complaint is available on the Privacy Commissioner’s website.
  • If you are a European resident, you have the right to make a complaint to your Supervisory Authority.

 

Will this privacy notice change?

We may change this notice from time to time in the future. Any such changes will be posted here and, where appropriate, notified to you in writing. We advise you to check back frequently to see any updates or changes.