MYRKL respects the privacy of every person who interacts with MYRKL and we are committed to ensuring high standards of data protection compliance in everything we do.

1.WHAT IS THE PURPOSE OF THIS NOTICE?

This privacy notice applies to all services and activities we provide across the web, social media, apps and elsewhere, including our ecommerce store (the “MYRKL Services”). It explains our approach to how we use any personal information that is provided to or collected by us in connection with your use of the MYRKL Services or any other interaction you have with MYRKL.

This privacy notice also sets out the legal basis on which we are permitted to process your personal information, your rights in respect of our use of your personal information, how you can verify what personal information is collected by us, and how you can request that we delete, update or transfer it.

This privacy notice is intended to assist you in making informed decisions when using the MYRKL Services. Please read it thoroughly and note that it should be read in conjunction with our Terms and Conditions.

2.WHO ARE WE?

The MYRKL Services are operated by Wright Health Group Limited (“MYRKL”, “we” “us” or “our”).

This website is operated by Wright Health Group Limited for the brand “MYRKL” on behalf of the brand owner de Faire Medical Limited. Throughout the site, the terms “we”, “us” and “our” refer to Wright Health Group Limited distribution of the brand Myrkl. Wright Health Group Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this website.

MYRKL Limited is the brand (MYRKL) owner and is a Swedish company whose registered address is DE FAIRE MEDICAL AB V:a Trädgårdsgatan 11 A, SE-11153 Stockholm, Sweden.

3.HOW TO CONTACT US?

If you have any questions about this privacy notice or want to exercise your rights, please contact us by:

• writing to us at:

MYRKL Ltd, DE FAIRE MEDICAL AB V:a Trädgårdsgatan 11 A, SE-11153 Stockholm, Sweden

• sending an email to contact@defairemedical.com
• writing to us at:

Wright Health Group Limited, PO Box 105394, Auckland City, Auckland, 1143, New Zealand

• sending an email to info@myrkl.co.nz

4.WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT USERS AND VIEWERS OF MYRKL AND HOW DO WE COLLECT IT?

Personal information may be collected from you in the following ways (see in the following section for information on how and why we use the information):

Information you voluntarily provide to us directly.

We collect and maintain personal information that you voluntarily submit to us during your use of the MYRKL Services or other contact with us. For example when you register, sign up for a newsletter, enter a survey or competition, submit content contributions, post comments or buy merchandise through our sites.

This may include:

• Name;
• Email Address;
• Address;
• City or Country;
• Date of Birth;
• Gender;
• favourite teams etc;

And may include information in the content you submit:

• Your image or likeness (or that of others who also appear) in the content you submit;
• Other information about yourself (or that of others who also appear) in the content you submit;
• Other information about yourself (or that of others who are also mentioned) in the messages you send to us.

INFORMATION YOU VOLUNTARY PROVIDE TO US THROUGH SOCIAL MEDIA LOG IN.

We collect and maintain personal information from you social media profile that you voluntarily agree to be provided to us when you register or sign up, or take part in a survey etc using our social media (such as Facebook) login functionality.

This may include:

• Name;
• Date of Birth;
• Gender;
• Social media ID;

INFORMATION WE COLLECT THROUGH YOUR USE OF THE MYRKL SERVICE

We collect, through our use of cookies or other technologies, information about your use of and navigation around the MYRKL Services including the emails we send you, including information regarding your mobile device or the computer hardware and software used to access the MYRKL Services.

This may include the following:

• IP address of device(s) used;
• browser type;
• operating system and device type;
• approximate location (e.g. London);
• access times and dates;
• referring website addresses;
• navigation around the site;
• links followed, including in emails;
• time spent on pages or viewing content;
• types of content viewed and shared.

Please see the Data Analytics, Insight and Profiles section below and our Cookie Section below for further information.

INFORMATION WE RECEIVE FROM THIRD PARTY DATA SOURCES AND BRAND PARTNERS

We may also combine information that we hold about you with information that we obtain from third parties including brand partners and data aggregators. This information may be used to indicate your likely interests so we can provide a more relevant service to you. We will always ensure that the provider of the information has relevant permission and legal basis to share such information with MYRKL.

Please see the Data Analytics, Insight and Profiles section below for further information.

INFORMATION WE RECEIVE FROM THIRD PARTY SERVICE PROVIDER PARTNERS

We may use third parties to provide additional services such as ecommerce, ticketing or other retail or merchandise functionality. Normally you will be interacting and contracting directly with such third parties in this situation. As part of this subcontracted solution we will receive information back from our partners relating to your purchases. This may include your name and email address and other information such as the category of item purchased or club, brand or event to which it relates. This information will be by used by us to indicate your likely interests so we can provide a more relevant service to you. Please also see the section below on “MYRKL Store / ecommerce”for more information on the on-site store.

Please see the Data Analytics, Insight and Profiles section below for further information.

5.HOW DO WE USE THE PERSONAL INFORMATION OF USERS AND VIEWERS OF MYRKL?

We use the personal information we collect from or about you for the following purposes:

Provision of the MYRKL Service.

We need to use your information to log you in, verify who you are, ensure you get the service that you have registered for and otherwise to provide you with our services.

What is our legal basis for this?

It is necessary for the performance and fulfilment of the contract between us to provide you with services for which you have registered.

Sending you newsletters or other communications (from MYRKL) for which you have subscribed.

Where you have given your consent we use your personal information to send you newsletters and other marketing materials about MYRKL products and services which we think you might be of interest to you.

What is our legal basis for this?

We rely on your consent to be able to do this – given at the time that you request the newsletter or other marketing.

Running surveys, competitions and/or promotions.

We may collect and use your personal information in connection with any survey, competition and/or promotion that you enter.

What is our legal basis for this?

It is in our legitimate interest to use your personal information in such a way to operate the survey, promotion and/or competition. Please note that we will only send you marketing communications promoting a competition or survey with your consent.

Data Analytics, Insight and Profiles.

We analyse your personal information including that which we observe about you from your interactions with our MYRKL Service, our email communications to you and/or the products and services you may have purchased or viewed, including any third party information we have sourced as detailed above.

This information is used to create profiles and insights about viewing and usage habits across our services. By using this information, we are able to measure the effectiveness of our content and how visitors use MYRKL Services. This allows us to learn for example what content and pages are most attractive to our users, which parts of our services are the most interesting and what kind of information our users like to see.

We also use this information to help us with the selection and creation of future content and services.

We also use this information to help us with the selection and presentation of relevant advertising messages to you.

We also use this information for social media marketing purposes (see the sections below for further details).

What is our legal basis for this?

Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will not constitute “personal information” that is regulated under data protection laws. However, our collection and use of such anonymised personal information may still be subject to other laws where your consent is required. Please see our Cookie Section below for further details.

Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best content and services to you and our other users.

Social media remarketing.

We use information that we observe about you from your interactions with MYRKL Services, our email communications to you and/or with our content and services (see the Data Analytics, Insight and Profiles section above for more details of the information collected and how it is collected) to provide you with personalised content or advertising on social media channels operated by Facebook and/or Google where you are a registered user of such services.

We do this using Facebook Custom Audiences and/or Google Customer Match respectively. Please note that such activity is also subject to the privacy choices you have elected to make on such services.

To do this we share your encrypted email address with Facebook and/or Google under the terms of their Facebook Custom Audiences and/or Google Customer Match services respectively. We do not permit them to use your information for any other purposes.

What is our legal basis for this?

Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute “personal information” that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required.

Please see our Cookie Section below for further details.

Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for these marketing purposes.

Social media insight.

Where you are a registered user of Facebook, or of a Google service, we will use your email address in an encrypted format to enable Facebook and Google to find other registered users of their services (to whom to serve adverts) that share similar interests to you based on:

• information that we observe about you from your interactions with our services, our email communications to you and/or with our content and services see the Data Analytics, Insight and Profiles section above for more details of the information collected and how it is collected); and
• the information Facebook and/or Google hold about you.

We do this using Facebook Custom Audiences and/or Google Customer Match respectively. Please note that such activity is subject to the privacy choices you have elected to make on such services. Please note that Facebook and Google do not use your information for anything other than suggesting to us similar types of users on their services to whom to serve adverts; and we do not use your information to make any decision about you.

What is our legal basis for this?

Where your personal information is completely anonymised, we do not require a legal basis to use it as the information will no longer constitute “personal information” that is regulated under data protection laws. However, our collection and use of such anonymised personal information may be subject to other laws where your consent is required. Please see our Cookie Section below for further details.

Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information for these lead generation purposes.

Publishing content you provide.

If you provide us with any content (e.g. photos or videos) that you wish to feature on our services, we will collect certain personal information from you when you provide the content and will use it in connection with sharing the content you have provided. The content may also contain your personal information, or that of others who also appear or are mentioned, in the form of images or other information that may identify you or them.

What is our legal basis for this?

It is necessary for the performance and fulfilment of the contract between us to provide you with services for which you have registered. When you submit your content for these purposes we will also take that as consent to use your content and the personal information in this way and confirmation that you have the consent of any others appearing in the content.

It is also in our legitimate interest to use your personal information in such a way to operate the service.

Service Administration.

We may also use your personal information to:

• help improve the MYRKL Services; and
• contact you to answer any queries you may have sent to us.

What is our legal basis for this?

It is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best service we can to you.

Sharing information with third party processors.

We may share your personal information with third party processors in order to provide the MYRKL Services and associated products and services to you. This includes companies that for example that host our servers or manage or databases for us and also our subcontractors who manage our MYRKL Store for us.. They have no independent rights to use your data and are strictly controlled by us under contract.

What is our legal basis for this?

It is in our legitimate interests to share your personal information in such a way to ensure that we provide the very best service we can to you.

Sharing information with third brands.

We may share your personal information with third party brands on an anonymised basis. e.g. details on the type of audience that engaged with our campaigns. We will not share an information that is not anonymised, nor allow them to market to you without your consent.

What is our legal basis for this?

It is in our legitimate interests to share your personal information in such a way to ensure that we provide the very best service we can to you.

Business administration, record keeping and legal compliance.

We use your personal information for the following business administration and legal compliance purposes:

• to comply with our legal obligations;
• to enforce our legal rights;
• protect rights of third parties; and
• in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.

Use in this way may involve us sharing your personal information with professional advisers such as lawyers and accountants and/or governmental or regulatory authorities.

What is our legal basis for this?

It is in our legitimate interest to ensure that we keep our records up-to-date and use them in connection with a business transition, enforce our legal rights, or to protect the rights of third parties. Otherwise, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us or other laws regulations that we are subject to.

6.MYRKL STORE / ECOMMERCE

Our on-site ecommerce store is run for us currently by Wright Health Group Limited. You can find their details above and in the Terms and Conditions on the store section on the site.

Whilst they operate the store, and are the merchant of record responsible for the sale of goods to you, MYRKL remain the data controller in relation to any personal data you submit or we collect through the store, and Wright Health Group are merely the data processor acting on our behalf and strictly on our instructions.

The Wright Health Group (as data processor) will have access to you data solely in relation to fulfilling the transaction, processing your purchase, sending you the goods you have purchased and otherwise dealing with customer queries and other store related matters. They will not use your data for any other purposes.

MYRKL (as data controller) will otherwise collect, use and share your data that relates to your use of the ecommerce store, in accordance with sections 4 and 5 above and the other parts of this Privacy Notice.

7.WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT OTHER PEOPLE, HOW DO WE COLLECT IT, AND HOW DO WE USE IT?

Ø Creator Network

We collect and maintain personal information about potential and current members of our Creator Network.

Initially we source this information from research of social media and following your activity and posts. We may keep a record of your name, social media handle and a description of your activity and posts. We do this to assess if we might be interested in contacting you to join our network.

If you join our network we collect and maintain any other information that you give us and details about the activity we may work on together.

It is in our legitimate interest to collect and process your information in this way to improve our service and grow our network, once in our network, it is necessary for the performance and fulfilment of the contract between us.

Ø Distribution Network

We collect and maintain personal information about potential and current distributors of our content.

Initially we source this information from research of social media and following your activity and posts. We may keep a record of your name, social media handle and a description of your activity and posts. We do this to assess if we might be interested in contacting you to distribute our content.

We further collect and maintain any other information that you give us for the purposes of distributing our content, and details about the activity we may work on together.

It is in our legitimate interest to collect and process your information in this way to improve our service and grow our distribution activity, once in our team, it is necessary for the performance and fulfilment of the contract between us.

8.HOW DO WE OBTAIN YOUR CONSENT?

8.1 Where use of your personal information by us requires your consent, you may provide such consent:

• at the time we collect your personal information by following the instructions we give; or
• by informing us using the contact details set out in this privacy notice.

9.USE OF COOKIES

9.1 The MYRKL Services may use certain cookies and other technologies of which you should be aware.

WHAT ARE COOKIES?

Cookies and similar technologies are very small text documents or pieces of code, which often include an anonymous unique identifier. When you visit a website or use a mobile application, a computer asks your computer or mobile device for permission to store this file on your computer or mobile device and access information from it. Information gathered through cookies and similar technologies may include the date and time of visits, preferred country of residence and how you are using the particular website or mobile application. Cookies are used by us as part of our website and they are also used by some of our third party partners.

For more details on cookies and similar technologies please visit All About Cookies. For the purposes of the remaining sections of this Cookie Policy we will refer to all technologies using the above features as “cookies”.

CONSENT TO OUR USE OF COOKIES

By using the website you acknowledge that we may store and access cookies on your computer or other device including consenting to certain cookies that are not essential to the operation of our website but allow us to provide additional functionality or to gather additional information about your use of our website. You are not obliged to give consent to our use of non-essential cookies.

If you wish to block or delete cookies, or you would like to withdraw consent to our use of non-essential cookies, you can find out how to do so below.

WHAT DO WE DO WITH COOKIES?

Essential Cookies

We use cookies where they are essential for the operation of the website, for example to remember that you are signed in to the website.

Session Cookies

We use cookies to allow the website to uniquely identify your browsing session on our website, which allows us to coordinate this information with data from our website server.

Analytics Cookies

We use “analytics” cookies. These, along with other information, allow us to calculate the aggregate number of people using the website and which features of our website are most popular.

We use this information to improve the website. We do not generally store any information that you provide to us in a cookie.

Social Media

We use cookies to personalise your interaction with social media, such as Twitter, Facebook, Tumblr and YouTube. Such cookies recognise users of those social media sites when you view social media content on our website. They also allow you to quickly share content across social media, through the use of simple ‘sharing’ buttons.

Our website also contains features that enable you to use your Facebook account to sign in and create/maintain an account with us and to enable us to store your content. This involves the use of cookies.

WHAT HAPPENS WHEN YOU REFUSE, BLOCK OR DELETE COOKIES?

In order to use some parts of our website you will need to accept cookies. If you choose to withhold consent to our use of cookies, or you subsequently block or delete cookies, some aspects of our website may not work properly and you may not be able to access all or part of our website.

CAN YOU BLOCK COOKIES?

You can block the use of cookies altogether by activating the relevant settings in your browser or by following the link below. For more information on cookie management and blocking or deleting cookies for a wide variety of browsers, visit All About Cookies.

10.THIRD PARTY LINKS AND SERVICES

10.1. The MYRKL Services may contain links to third party websites and services. Please remember that when you use a link to go from the MYRKL Services to another website or you request a service from a third party, this privacy notice no longer applies.

10.2. Your browsing and interaction on any other website, or your dealings with any other third party service provider, is subject to that website’s or third party service provider’s own rules and policies.

10.3. We do not monitor, control, or endorse the privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit or third party service provider that you deal with and to contact them if you have any questions about their respective privacy policies and practices.

11.TRANSFERS OUTSIDE THE EEA

11.1. We may transfer your personal data outside the New Zealand to processors outside the New Zealand including in the USA, in connection with our business or for legal reasons. We will ensure that the transfer is lawful and that there are appropriate security arrangements.

11.2. If the New Zealand Government has decided that a country does not provide an adequate level of protection in relation to data that is transferred there, we will enter into an agreement ensuring appropriate and suitable safeguards with our group member, processors or other transferee. This may be via binding corporate rules or on standard terms adopted and approved by the New Zealand Government.

12.HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?

12.1. We do not keep your personal data for any specific period but will not keep it for longer than is necessary for our purposes.

In considering how long to keep it, we will take into account its relevance to our business and our legal and regulatory obligations.

13.CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION

13.1. We are committed to keeping the personal information you provide us secure and we will take reasonable precautions to protect it from loss, misuse or alteration.

13.2. We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from:

• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.

13.3 All our employees and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all users of the MYRKL Services.

14.HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS?

14.1. You have the following rights in relation to the personal information we hold about you:

• You can request, and we will provide you with access to, any personal information we hold about you (subject to certain legal exceptions). If a legal exception applies and we decide not to provide you with access to that personal information, we will advise you of the reasons for our decision.
• If we are satisfied that any personal information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take steps which are reasonable in the circumstances (if any) to correct that personal information. This may include notifying third parties to whom we have disclosed that personal information. If we do not agree that personal information we hold about you is inaccurate, incomplete, out of date, misleading or not relevant you may ask that we attach a statement to this effect to our record.
• Please let us know if you have any concerns or complaints about the way we are handling personal information so we can address them. We will review any complaints and respond to them within a reasonable period of time.
• If we are unable to satisfactorily resolve your concern or complaint, in Australia you can contact the Office of the Australian Information Commissioner (OAIC) or in New Zealand you can contact the Office of the Privacy Commissioner (OPC). To make a query concerning your privacy rights, or to lodge a complaint with either the OAIC or OPC about how we have handled personal information, you can contact the OAIC on 1300 363 992 or go to oaic.gov.au or the OPC on 0800 803 909 or go to www.privacy.org.nz. The OAIC and OPC have the power to investigate the matter and also to take certain other actions.

 CHANGE TO THIS PRIVACY NOTICE.

We may make changes to this privacy notice from time to time

To ensure that you are always aware of how we use your personal information we will update this privacy notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We may notify you by email of any significant changes. However, we encourage you to review this privacy notice periodically to be informed of how we use your personal information.

Last updated: October 2023