PRIVACY POLICY
Body Catalyst New Zealand Pty Ltd (A.C.N 658 720 462) trading as Body Catalyst (Body Catalyst or our or we)
is in the business of providing body sculpting and contouring treatments and associated services (Services).
This Policy governs how Body Catalyst will deal with your Personal Information collected in connection with the
Services.
Body Catalyst is committed to providing you with the best possible customer service experience. Body Catalyst is
bound by the Privacy Act 2023, which sets out a the Information Privacy Principles (IPPs) number of principles
concerning the privacy of individuals.
This Policy also applies to Personal Information collected by Body Catalyst in connection with its website, social
media accounts, applications, software, surveys and other technological means (Online Platforms), as well as in
connection with any direct communication between you and Body Catalyst.
1. SCOPE OF THIS PRIVACY POLICY
1.1. We understand that when accessing our Services, the privacy and confidentiality of Personal
Information (as defined under the Privacy Act) is important to you and your customers. That’s why we
fully respect your rights to privacy and are committed to protecting the personal and financial details
you provide us in line with this Privacy Policy. This Privacy Policy applies to our Services and all
individuals who use our Services or whose Personal Information is processed by Body Catalyst.
1.2. We are committed to protecting the privacy of everyone who uses our Online Platforms and/or our
Services, for them to understand what Personal Information we collect and store, and why we do so,
how we receive and/or obtain that information, the rights an individual has with respect to their
Personal Information in our possession, and with complying with the Australian Privacy Principles set
out in the Privacy Act 1988 (Cth) (Privacy Act) and the General Data Protection Regulation (EU)
2016.679 (GDPR).
2. THE INFORMATION WE COLLECT
We may collect Personal Information that allows us to identify who an individual is and share Personal
Information.
The type of information we may collect includes:
Personal Information – We may collect personal details such as an individual’s name,
location, date of birth and nationality allowing us to identify who the individual is;
Contact Information – We collect information such as an individual’s email address,
telephone & fax number, third-party user names, residential, business and postal
address and other information that allows us to contact the individual;
Financial Information – We collect financial information such as any bank or credit
card details used to transact with us and other information that allows us to transact
with the individual and/or provide them with our Services;
Statistical Information – We collect behavioral and statistical information about an
individual and businesses in connection with the Services and/or the Online
Platforms;
Health Information – We may collect health details necessary to enable us to provide
the Services to you.
3. WHY WE COLLECT PERSONAL INFORMATION
There are many aspects of the site which can be viewed without providing personal information, however, for
access to future Body Catalyst customer support features you are required to submit personally identifiable
information. This may include but not limited to a unique username and password, or provide sensitive
information in the recovery of your lost password.
3.1. We collect your personal information so that we can carry out the following actions:
to enable you to use our Online Platforms;
to provide our Services;
to communicate with you, including about our Services and offers which might interest
you;
to provide you with information or advice;
to process payments by or to you in connection with our Services;
to create accounts, tax invoices or receipts;
to provide your personal information to third parties in order for them to supply the
Services to you;
to consider and respond to complaints made by you.
3.2. We may disclose additional purposes for collection of your personal information in collection
statements at the point of collection.
4. HOW INFORMATION IS COLLECTED
Information is collected in association with your use of the Services, an enquiry about Body Catalyst or
generally dealing with us directly or via our Online Platforms including through the use of surveys.
5. WHEN PERSONAL INFORMATION IS USED & DISCLOSED
We may occasionally hire other companies to provide services on our behalf, including but not limited to
handling customer support enquiries, processing transactions or customer freight shipping.
Those companies will be permitted to obtain only the personal information they need to deliver the service.
Body Catalyst takes reasonable steps to ensure that these organizations are bound by confidentiality and
privacy obligations in relation to the protection of your personal information.
Body Catalyst will collect your personal information, for our own use and on behalf of other members of Body
Catalyst who might require access to your personal information in connection our services.
The other members of Body Catalyst are its related bodies corporate and their respective franchisees. Body
Catalyst will use your personal information, including any sensitive information, and disclose this to other
members of Body Catalyst in Australia or New Zealand in connection with the services we provide to you,
who in turn will use, disclose and store it in accordance with this privacy policy.
Body Catalyst will collect your personal information, for our own use and on behalf of other members of Body
Catalyst who might require access to your personal information in connection our services.
5.1. We will not use any Personal Information other than for the purpose for which it was collected other
than with the individual’s permission.
5.2. We will retain Personal Information for the period necessary to fulfill the purposes outlined in this
Privacy Policy unless a longer retention period is required or permitted by law.
5.3. Subject to clause 13, we will not sell an individual’s Personal Information to unrelated third parties.
5.4. There are some circumstances in which we must disclose an individual’s information:
where we reasonably believe that an individual may be engaged in fraudulent,
deceptive or unlawful activity that a governmental authority should be made aware of;
as required by any law (including the Privacy Act and GDPR); and/or
in order to sell our business (in that we may need to transfer Personal Information to a
new owner).
6. SENSITIVE INFORMATION
Sensitive information is information about you that reveals your racial or ethnic origin, political opinions,
religious or philosophical beliefs or affiliations, membership of a professional or trade association,
membership of a trade union, details of health, disability, sexual orientation or criminal record.
It is our policy to only collect your sensitive information where it is reasonably necessary for our functions or
activities and either you have consented or we are required or authorized under law to do so.
7. OPTING “IN” OR “OUT”
7.1. By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly
consent to the collection and use of your Personal Information in accordance with this privacy policy.
7.2. An individual may opt to not have us collect their Personal Information. This may prevent us from
offering them some or all of our services and may terminate their access to some or all of the services
they access with or through us. They will be aware of this when the following privacy principles apply to
us:
Opt In. Where the individual will have the right to choose to have information collected and/or
receive information from us; or
Opt Out. Where relevant, the individual will have the right to choose to exclude himself or
herself from some or all collection of information and/or receiving information from us.
7.3. If an individual believes that they have received information from us that they did not opt in or out to
receive, they should contact us on the contact details set out in clause 15.
8. COOKIES
We may use temporary (session) cookies or permanent cookies when you access our Online Platforms
and/or Services. This allows us to recognize your browser and track the web pages you have visited. You
can switch off cookies by adjusting the settings on your web browser.
9. THE SAFETY & SECURITY OF PERSONAL INFORMATION
9.1. We may hold your personal information in either electronic or hard copy form.
9.2. If you provide information to us electronically we retain this information in our computer systems and
databases. If you provide information to us in hard copy (paper) this information is normally retained in
our files and a copy is made to our electronic files.
9.3. We use industry standard security measures to safeguard and protect your information.
9.4. We may disclose your personal information to third parties and service providers located overseas in
connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps
to ensure that the overseas recipients of your personal information do not breach the privacy
obligations relating to your personal information.
9.5. We are not responsible for the privacy or security practices of any third party (including third parties
that we are permitted to disclose an individual’s Personal Information to in accordance with this policy
or any applicable laws). The collection and use of an individual’s information by such third parties may
be subject to separate privacy and security policies.
9.6. If an individual suspects any misuse or loss of, or unauthorized access to, their Personal Information,
they should let us know immediately.
9.7. Where we become aware of any breach to our security systems that breaches or is likely to result in a
breach of your rights or freedoms with respect to your Personal Information, we will notify you and any
supervisory authority as required.
9.8. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal
Information where we were authorized to provide that person with the Personal Information
10. HOW TO ACCESS AND/OR UPDATE INFORMATION
10.1. If you would like us to update or amend your personal information, please contact us on the contact
details set out in clause 14 and we will make the requested amendments.
10.2. We may ask you to verify your identity to ensure that personal information we hold is not improperly
accessed.
11. RIGHT TO BE FORGOTTEN
In the event that you decide that you no longer want us to hold your Personal Information, you may notify us
in writing on the contact details set out in clause 15 of your desire for us to delete your Personal Information
on record. We will use our best endeavors and comply with all legal requirements within a reasonable
timeframe to delete your Personal Information, unless we are required by law to retain such information.
12. LINKS AND INTERNET ACCESS
Links from our Online Platforms or via our Services as well as the provision of internet access to you by us,
which allows you to connect to third party websites and services that we do not operate or control, are
provided for your convenience. We are not responsible for the privacy or security practices of services that
are not covered by this Privacy Policy. Third party services should have their own privacy and security
policies which we encourage you to read before supplying any personal information to them.
13. DIRECT MARKETING
We and/or our carefully selected third party business providers may contact you with direct marketing
communications and information about the Services or other products and services offered by us via
telephone, email, SMS, or regular mail.
If you have indicated a preference for a method of communication, we will endeavor to use that method
wherever practical to do so.
You may opt out of receiving marketing communications at any time by responding via the channel in which
you received the marketing communication, or by contacting us on the contact details set out in clause 14.
You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication
you have received.
14. COMPLAINTS AND DISPUTES
14.1. If an individual needs to contact us or has a complaint about our handling of their Personal Information,
they should address their communication in writing to the details below:
Privacy Officer
Email: [email protected]
14.2. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to
resolve the issue directly between us.
14.3. If we become aware of any unauthorized access to an individual’s Personal Information we will inform
them and any supervisory authority as required, at the earliest practical opportunity once we have
established what was accessed and how it was accessed.
15. GDPR
15.1. If you are:
A resident of the European Union accessing our Online Platforms or receiving our Services in
Australia; or
accessing our Online Platforms or receiving our Services from within the European Union,
then in addition to our obligations under the Privacy Act, Body Catalyst is required to comply with the
GDPR with respect to your Personal Information.
15.2. Any reference to Personal Information in this Privacy Policy is also a reference to Personal Data (as
defined under the GDPR).
15.3. Body Catalyst takes the security and privacy of your Personal Information seriously and has prepared
this privacy policy and taken measures to collect, process and hold all Personal Information in
compliance with both the Privacy Act and GDPR regardless of the user. Therefore, no additional terms
for GDPR users are required.
16. ADDITIONS TO THIS POLICY
If we decide to change this Privacy Policy, we will post the changes on our website. Please refer back to this
Privacy Policy to review any amendments.
Version Date: 24 April 2023
