Privacy & Cookies Policies

Last update: 11 April 2025

Privacy Policy

Tracksuit Limited (“Tracksuit”, "we", "us", “our”) collect, use, store and disclose information which may identify individuals ("personal information"), including visitors to our website: www.gotracksuit.com, business partners (including customers and suppliers), and job applicants ("you", “your”).

This privacy policy (“Policy”) sets out our commitment to protecting the privacy of your personal information and provides details about how we collect, use, store and disclose your personal information collected through our website or in the course of our business activities conducted offline in accordance with applicable data protection laws, which include the New Zealand Privacy Act 2020, and which may include (where you are a resident in the European Union (EU) or the United Kingdom (UK)) the EU General Data Protection Regulation (GDPR) or the GDPR as transposed into UK national law (UK GDPR).

If you apply for a job with us, or if you already work with us, you can find our separate job applicant and employee privacy notice here, opens in new tab.

Important

This Policy relates to “personal information” which includes any information relating to an identified or identifiable person. Please read this Policy carefully as it provides important information about how we use personal information.

This Policy has been designed to be as user friendly as possible. You can use the summary of contents below to help you find the information you are looking for by clicking on the relevant heading. We have labelled sections of this Policy to make it easy for you to navigate to the information that may be most relevant to you.

Where relevant under applicable data protection laws, we are the controller of any personal information collected from you through our website or otherwise for the purpose of conducting or developing our business with you. We are a company that provides brand tracking software located in New Zealand, and we have a data protection / privacy officer, who can be contacted privacy@gotracksuit.com.

Summary of this policy

Your personal information: collection, purposes and lawful basis

Disclosing your personal information with others

International transfers

Storing and protecting your personal information

Your rights and how to exercise them

Marketing

External links

Changes to this Policy

Contact us

Your personal information: collection, purposes and legal basis

Personal information you provide to us

In order to access or use certain parts of our website or enjoy the full functionality of our website, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal information to us in the following ways:

by filling in forms (for example, a 'Request a Demo' form) on our website or anywhere else we conduct business;
by downloading documentation from our website;
by subscribing to monthly brand insights, stories, newsletters or other communications; or
by corresponding with us e-mail or otherwise using our contact details, including via our Help Centre.

Generally the type of personal information we collect include your name, job title, business type, address and contact information. Further details of which are set out below. Where possible, our preference is to collect your personal information from you directly. We may need to collect some personal information from other third parties, which we set out below.

Where you apply for a job with us, we may receive personal information indirectly from recruitment agencies/service providers and your references (including previous employers).

Personal information we collect automatically

When you visit our website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal information, including but not limited to: your domain; your IP address; your date, time and duration of your visit, etc. Further details of which are set out below. Our website uses cookies to remember information such as your login details and personal site preferences.

Purposes and legal basis for processing your personal information

All processing and use of your personal information is justified. The following is an overview of the types of personal information we process, the purposes of processing, i.e. how we will use your personal information, and the justified legal basis for processing your personal information:

Brand Tracking Surveys

Types of Personal Information

Information necessary to convene and communicate with a pool of survey respondents including contact and demographic information, and the views and opinions of survey respondents in the context of brand-specific surveys.

All surveys are managed by a third-party service provider, so Tracksuit does not process these types of information itself. Tracksuit only receives anonymised survey responses that do not constitute or contain personal information under applicable privacy laws. We work closely with our service providers to ensure that all survey data remains anonymised throughout its use, and whilst we may analyse trends and patterns from this anonymised data, we do not (a) attempt or permit attempts to re-identify survey respondents, or (b) combine that data with other data sets in a way that could lead to re-identification.

Purpose

For the provision of our products and services to our customers.

Legal Basis

All surveys are conducted with the fully informed, freely given, unbundled and explicit consent of the survey respondents.

Business Partners (customers and suppliers)

Types of Personal Information

First name, surname, email address, business address, business phone number / mobile phone number, information about your professional expertise and experience.

Purpose

For the provision of our products and services, which includes processing/fulfilling orders, sending invoices and payment reminders, collecting payments and any other general contract administration.

To maintain a relationship with you as a customer, improve the products and services that we provide to you, and deal with any enquiries or queries.

To send marketing materials, updates, newsletters and other related information, including, sending solicited information (e.g. quotes in response to an enquiry).

To conduct data analytics and market research for statistical and survey purposes and for internal business administration.

Legal Basis

The processing is necessary for performance of a contract.‍

Where the processing goes beyond contractual necessity, the legal basis for our use of your personal information is our legitimate business interests in:

improving and developing our products and services
responding to any correspondence or queries you send us, and to send service information about our products and/or services
to send you communications related to similar products or services to which you have previously purchased or entered into negotiations to purchase
to measure the use of our products and/or services and interaction to inform and improve service/product direction and development and to enable provision of accurate and reliable reporting.

Where our legitimate business interests are outweighed by your privacy rights, we will rely on your consent as the legal basis for our use of your personal information. Your consent will always be obtained in a way that meets the requirements of applicable privacy laws.

Website users

Types of Personal Information

Information about your visits to our website, your domain, IP address, country code, browser type, your operating system and device type, the number of times you visit our website, your interactions with our website, the pages you’ve visited on our website and the links you clicked on, search terms used and the source from where you originated, referring site (if any) from which you clicked through to our website, your screen resolution and language setting of your browser.

Purpose

To help us to keep our website available and secure.

To improve your experience when you visit our website. This includes: (a) for statistical analysis to evaluate, improve, test and monitor the effectiveness of our website; (b) to monitor metrics such as total number of visitors and traffic data (including demographic patterns); and (c) to ensure content on our website is presented in the most effective manner for you and to enhance your use of our website.

Legal Basis

Our legitimate business interests to provide and maintain our website through utilising cookies that are strictly necessary.

Your consent for cookies that are not strictly necessary, such as cookies relating to performance, functionality and target/advertising.

Please refer to our Cookie Policy for further details about our use of cookies.

All Data Subjects

Types of Personal Information

Personal Information, comprising all types of data above mentioned.

Purpose

In connection with any merger, sale, transfer of our assets, investment, acquisition, bankruptcy, or similar event or corporate transaction.

To help us improve and optimise our products and services.

Legal Basis

Necessary for our legitimate business interests to ensure we can protect and grow our business.

Necessary for our legitimate business interests to maintain our reputation as a leading provider of brand health tracking services to customers across the globe.

When the justification for processing is our legitimate business interests, those interests are to use supplier, customer and website user data to conduct and develop our business activities with them and with others, while limiting the use of personal information to those purposes that strictly support the conduct and development of our business within the reasonable expectation of the individuals concerned and in a way which does not outweigh their privacy rights.

We may process any of the personal information we hold to the extent necessary to defend, establish and exercise legal claims or to comply with legal or regulatory obligations.

Where we need to collect personal information due to a legal or regulatory obligation, or for performance of a contract, and you do not provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our products/services). We will notify you of this at the time.

Disclosing your personal information with others

We share your personal information in the manner and for the purposes described below:

with other companies within our group, and where such disclosure is necessary to provide you with our products and services or to manage our business. The other companies include Tracksuit Australia Pty Ltd and Tracksuit, Inc.;
with third party service providers (who will operate under our instructions) to assist us in providing information, products and services to you, in conducting and managing our business, in managing and improving our products, services or website. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted product or service to us. These include document management service providers who store or destroy your personal information on our behalf, and IT service providers who help manage our IT and back-office systems;
with government organisations and agencies, law enforcement, regulators to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
banks and payment providers to authorize and complete payments;
we may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our partners, affiliates or advertisers.

If, in the future, we sell or transfer some or all of our business or assets to a third party, we reserve the right to transfer your personal information to a potential or actual third party purchaser of our business or assets in order to facilitate any proposed or actual sale or other disposition of the business as a going concern. We will ensure that the transferee (or proposed transferee) will be bound by this Policy.

International transfers

As a New Zealand-based company, we may process and store your personal information in New Zealand or with our service providers in other countries. For transfers from the EU/UK to New Zealand, we rely on New Zealand's "adequacy status" recognized by both EU and UK authorities. For transfers to other countries, we implement appropriate safeguards as required by law, including adequacy decisions where available or Standard Contractual Clauses with necessary addenda to ensure your information receives equivalent protection.

Any requests for information we receive from law enforcement or regulators will be carefully checked before personal information is disclosed.

If you would like to find out more about any such transfers, please get in touch with us using the contact details set out at the beginning or end of this Policy.

Storing and protecting your personal information

We will safely store your personal information. We apply a general rule that we will retain it only for so long as it is required to fulfil the purpose for which it was collected, or as otherwise required by law.

In some circumstances we may retain your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

In specific circumstances we may also retain your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

Where your personal information is no longer required we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business. We engage the services of a specialised service provider to store or destroy your personal information on our behalf. We will take all reasonable steps to ensure that such agencies comply with applicable privacy laws.

We are committed to protecting the personal information we receive from you. We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information appropriate to the nature of the information concerned.

As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect User IDs and passwords, please take appropriate measures to protect this information.

It is important that the personal information we hold about you is up to date and accurate. Please keep us informed of any changes to your personal information.

Your rights and how to exercise them

You have rights in relation to your personal information, however, in certain circumstances these rights might not be absolute, as applicable data privacy laws provide that we are not required to comply with requests in certain circumstances.

You are not required to pay any charge for exercising your rights, although we may charge a reasonable fee if we incur additional costs in complying with your request and the law permits us to recover those costs from you. We will endeavour to respond to you within one month (unless you have made a number of requests or your request is complex, in which case we may take up to an extra two months to respond).

Please note that, where we ask you for proof of identification, or any clarification and/or further information on the scope of the request, this may extend the time it takes for us to respond.

Your rights in relation to your personal information may include the following, depending on applicable data privacy laws. Please note that where you are a resident in the EU or the UK all the following rights apply (subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking):

Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time if that is the legal basis that we rely on to process your personal information. For example, if you wish to opt-out of receiving electronic marketing communications, you can use the 'unsubscribe' link provided in our emails or otherwise contact us directly and we will stop sending you communications.
Right of access, rectification and erasure - you have the right to request access to, and obtain a copy of, any of your personal information that we may hold, to request correction of any inaccurate information relating to you and to request the deletion of your personal information under certain circumstances.
Data portability - where we are relying (as the justification for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal information is processed by automatic means, you have the right to receive all such personal information which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal information (that is, allow only its storage) where:
- you contest the accuracy of the personal information, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal information;
- where we no longer need your personal information for the purposes of the processing, but you require such personal information for the establishment, exercise or defense of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
- Where your personal information is subject to restriction we will only process it with your consent or for the establishment, exercise or defense of legal claims.
You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal information infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate business interests to process your personal information, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal information for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal information to invite you to our promotional events.

Please contact us using the details set out at the beginning or end of this Policy, if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your personal information.

Marketing

We take steps to limit direct marketing to a reasonable and proportionate level and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you. You may change your marketing preferences at any time by contacting us.

In most cases our processing of your personal information for marketing purposes is based on our legitimate interests, although in some cases (such as where required by law) it may be based on your consent. In particular, you can always opt-out of email marketing communications by clicking the "unsubscribe" link at the bottom of marketing emails, or by contacting us using the contact details provided at the beginning or end of this Policy.

When you choose to unsubscribe, your data is automatically moved to a suppression list to prevent your email address being accidentally added to our database again. If you wish your data to be fully deleted from our systems, we will do so at your request but, if your email address is at any point added back into our newsletter database, by you or on your behalf, there will be no automated process in place to prevent a newsletter being emailed to you again. Please note that where we have another lawful basis for processing, we will continue to process personal information for other purposes – for example, we may process information based on contract necessity. You may also receive indirect marketing from us by way of general marketing communications (e.g. post or non-targeted adverts in the media etc).

Do Not Sell or Share my Personal Information (California and other US Residents)

We do not "sell" your personal information for monetary consideration as traditionally understood. However, certain online advertising and analytics activities may constitute "sharing" of personal information with third parties as defined under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). This includes the use of cookies and similar technologies that enable third parties to collect information for advertising and analytics purposes. If you are a California resident or otherwise protected by similar state privacy laws, you have the right to opt out of this type of "sharing." To exercise your right to opt out of the sharing of your personal information, please contact us at privacy@gotracksuit.com. You may also use browser controls to limit cookies or browser plugins where available. We will process your request within the timeframe required by applicable law and without discrimination regarding the products and services we provide to you.

California residents may designate an authorized agent to exercise their privacy rights on their behalf. To use an authorized agent, we require: (1) your signed written permission authorizing the agent; (2) verification of your own identity; and (3) verification of the agent's identity. We may deny requests lacking proper authorization documentation. To use an authorized agent or for more information about this process, please contact us at privacy@gotracksuit.com.

External links

Our website contains links to third party sites. As we are not responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third party sites. This Policy applies solely to personal information collected by our website or in the course of our business activities.

Changes to this Policy

Please note, we may need to update or amend this Policy from time to time to keep it up to date, reflect changes in our business or the law. Any changes or updates we may make to this Policy will be posted on this page in advance so that you are aware of the impact to our data processing activities before you continue to engage. Please check back frequently to see any updates or changes to this Policy.

Contact us

If you have any questions that have not been covered by this Policy, please get in touch with us via email at: privacy@gotracksuit.com.

If you have a query, complaint or concern about how we use your personal information, please get in touch with us in the first instance at the email address above, and we will attempt to resolve the issue as soon as possible. We will notify you of the outcome of this investigation and any subsequent internal investigation. You are also able to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, however, we ask that you please attempt to resolve any issues with us first.

Last update: 11 April 2025

Tracksuit Limited Cookie Policy‍

This Cookie Policy explains how Tracksuit Limited ("we," "us," or "our") uses cookies and similar technologies on our website www.gotracksuit.com (referred to as the "Website"). It also outlines your choices regarding the use of cookies in accordance with applicable data protection laws, which include but are not limited to the New Zealand Privacy Act 2020, and which may include (where you are a resident in the European Union (EU) or the United Kingdom (UK)) the EU General Data Protection Regulation (GDPR) or the GDPR as transposed into UK national law (UK GDPR).

This Cookie Policy forms part of our Privacy Policy. To the extent that cookies are considered to amount to personal information under applicable privacy laws, the provisions relating to your privacy rights apply to our use of cookies.

What are Cookies?

Cookies are small text files that are stored on your device (computer, mobile device, or tablet) when you visit a website. They are widely used to make websites work more efficiently and to provide information to the website owners.

Types of Cookies We Use

Necessary Cookies: These cookies are essential for the functioning of our Website. They enable you to navigate and use its features, such as accessing secure areas. Without these cookies, certain services cannot be provided.‍
Performance Cookies: These cookies collect information about how visitors use our Website, such as which pages they visit most frequently and any error messages encountered. We use this information to improve the performance and functionality of our Website.‍
Functionality Cookies: These cookies allow our Website to remember choices you make (such as your username, language preference, or region) and provide enhanced features. They may also be used to provide services you have requested, such as watching a video or commenting on a blog.‍
Targeting/Advertising Cookies: These cookies are used to deliver advertisements that are relevant to you and your interests. They may also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns. These cookies remember the websites you have visited, and this information may be shared with other parties, such as advertisers.‍
Social Media Cookies: These cookies are set by social media platforms (e.g., Facebook, Twitter, LinkedIn) that we have integrated into our Website. They allow you to share content and interact with social media features. The social media platforms may also use these cookies to collect information about your online activities.

Cookie Duration

Some cookies are session cookies, which are temporary and are erased when you close your browser. Other cookies are persistent cookies, which remain on your device for a longer period and are activated each time you visit our Website.

Your Consent

By using our Website, you consent to the use of necessary cookies as described in this Cookie Policy. We will obtain your consent before placing any non-necessary cookies on your device, in compliance with PECR and other applicable requirements. You can manage your cookie preferences by adjusting your browser settings or using the cookie consent tool available on our Website.

Managing and Disabling Cookies

Most web browsers allow you to manage your cookie preferences. You can usually modify your browser settings to accept or reject cookies, or to notify you when a cookie is being placed on your device. Please note that disabling cookies may affect the functionality of our Website and limit your ability to use certain features.‍

For more information on how to manage cookies, you can refer to the instructions provided by your browser or device manufacturer.

Third-Party Cookies

We may also allow third parties, such as analytics or advertising partners, to place cookies on our Website to collect information about your online activities. These third parties may use this information to deliver personalized advertisements or measure the effectiveness of their advertising campaigns.‍

We recommend reviewing the privacy policies of these third-party service providers to understand how they use cookies and the information collected.

Updates to this Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our practices or legal obligations. We will provide notice of any significant updates by posting a prominent notice on our Website or by other means.