2.2 Moxiee provides a communication and customer relationship management platform between people or organisations that pay Moxiee directly for the service (“Coaches“), including their agents, assistants or employees, and their clients or members (“Clients“).
3. We will collect and use basic information about you – whether you’re a Coach or a Client
3.1 When you create an account, we ask for basic personal information such as your name, email and other contact information. We may collect other profile data, including websites, personal interests, geographical location, gender, age, photographs you may upload. We also store data about Client programs that you enter, your Coach enters or the App automatically populates.
3.2 You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services or functionality.
3.3 You can stop the collection of your information by deleting your account and uninstalling the App.
3.5 We will not sell or rent your personal information. However, we will use your information and may share your information with third party service providers (where necessary) to:
(a) identify you when you sign-in to your account;
(b) connect you with your Coach or Client;
(c) collect and hold Client information on behalf of Coaches, including location data, in order to allow tagging and check-ins;
(d) verify and carry out financial transactions in relation to payments and subscriptions you make through the App;
(e) analyse the use of the App in order to improve our content and services, including research into our users’ demographics and tracking of sales data;
(f) to communicate with you in relation to Moxiee and any other services we provide from time to time; or
(g) to co-operate with any government, industry or regulatory authorities.
3.6 Our web servers may also gather your IP address to assist with the diagnosis of problems or support issues with our services, and to monitor legitimate use of the App.
4. We collect general information about visitors to our website
4.2 We use this information to improve and enhance our services by monitoring the areas on the website that are used the most. This aggregated information may be shared with Coaches and other partners to provide them with an overview of how our visitors use Moxiee.
5. We hold Client information on behalf of Coaches
(a) If you create an account as a Client, you understand and agree that we will collect your information, and hold it as agent for and on behalf of, the Coach you have connected with.
(c) The Coach is deemed to have collected, and to be holding the personal information itself (as the data controller). You acknowledge and understand that that the Coach, including their assistants or employees (not us) are directly responsible for complying with any applicable privacy requirements and safeguarding your personal information.
(d) The Coach’s use of your information is not within our control and we cannot accept responsibility for the conduct of your Coach. We encourage you to use your judgment when deciding the information you disclose to your Coach, as you would during face-to-face interactions.
(e) You may also directly contact your Coach to request access to any personal information that you have provided to them through Moxiee.
(f) From time to time, a Coach may request or employ Moxiee to directly assist or facilitate their program or support service, including but not limited to managing goals, habits and communication in the App. We can only accept responsibility for messages that our employees author, create and deliberately deliver through the App on behalf of a Coach.
(g) De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Moxiee or with research partners and other third parties for the advancement of scientific knowledge.
(a) If you create an account as a Coach, as your agent, we will collect and store Client information on your behalf.
(c) You indemnify us, and will keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur or be subject to or suffer as a result of your use of Client information or your communications with Clients, including communications or programs we deliver as your assistant or on your behalf.
6. Be careful when using public messages, discussion boards and external links
6.1 You should be aware that certain features within the App allow for group chat with other Clients or public forums. Any information that is disclosed in these areas becomes public information. We cannot control whether or how participants will use your information or if they will subsequently disclose it. You should exercise caution when using these functions both as a Coach or Client.
6.2 The App and website may, from time to time, contain links to external websites or applications. We are not responsible for the privacy policies or the content of such websites or applications.
7. Storage and security of information
7.1 You should be aware that information transmitted over the Internet is inherently insecure. We will take all reasonable steps to securely store any personal information within our control on the App, which may (for the avoidance of doubt) be transferred outside of New Zealand.
7.2 Any information sent through Moxiee is passed through a secure server using encryption technology. All personal information stored by us is protected through secure passwords, user log-ons and other security procedures.
7.3 In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information we hold. However, we will not be held responsible for events arising from unauthorised access of your personal information.
7.4 You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the App. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
8. Retention of your information
8.1 We will only hold your personal information for as long as permitted by New Zealand law. You have the right under the Privacy Act 1993 to access and/or correct your personal information held by us and your Coach.
10. Contact us
10.2 All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).
11. More information about privacy
11.1 For more information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner’s website: www.privacy.org.nz.