Fitbit Pay

1. Terms and Conditions

The following terms and conditions apply where you add, use or remove a Latitude Card in Fitbit Pay on your eligible Fitbit Device.

These terms and conditions are in addition to the terms and conditions (also known as the ‘Conditions of Use’) that apply to your Latitude Card and account. The terms and conditions for your Latitude Card which relate to EFT transactions also extend to the use of Fitbit Pay in relation to your card.

If there is any inconsistency between the Conditions of Use applying to your Latitude Card and these terms and conditions, these terms and conditions will apply to the extent of that inconsistency.

2. Adding and removing a Latitude Card on Fitbit Pay

You can add your Latitude Card to Fitbit Pay only on your eligible Fitbit Device, so long as your Latitude Card or account is not cancelled, blocked, suspended or in default. You can remove your Latitude Card from Fitbit Pay at any time.

We will verify your identity when you add your Latitude Card to Fitbit Pay.

You can find instructions on how to add or remove a Latitude Card at www.gemfinance.co.nz

If we re-issue your Latitude Card due to misuse, loss or theft or a breach of the card’s PIN or password we will keep you moving by securely replacing your lost or stolen credit card directly in Fitbit on your Fitbit Device.

3. Using Fitbit Pay

You can use Fitbit Pay to authorise transactions on your account by using the Fitbit Device instead of a Latitude Card at a contactless payment terminal.

You may be required to manually enter the Latitude Card PIN for transactions in certain cases (e.g. where a transaction is over $80).

4. Security, Misuse, Loss and Theft

You must inform us immediately if your Fitbit Device or its security PIN has been misused, lost or stolen by calling the Customer Solutions number on the back of your Latitude Card or on the Latitude website.

You should also log in using the Fitbit App and lock or delete all cards from Fitbit Pay. If a Latitude Card has been deleted from Fitbit Pay you will still be able to use the physical Latitude Card associated with your account, unless it is also blocked or cancelled.

You must give us all the information that you have or can reasonably obtain regarding the unauthorised use, loss or theft.

If you suspect an unauthorised transaction in respect of an additional cardholder, you must suspend or close the Latitude Card of the additional cardholder by calling the Customer Solutions number on the back of your Latitude Card or on the Latitude website.

You must keep the Fitbit Device and its security PIN secure, including by:

• ensuring that only your fingerprint or biometric identifier is registered on your Fitbit Device (if applicable)
• not sharing the security PIN with anyone;
• not having a record of the security PIN in your Fitbit Device or on anything liable to be stolen with your device;
• ensuring it has security PIN lock or similar lock which activates when the device is not in use or unattended;
• ensuring that your security PIN does not:
  • contain any numeric or alphanumeric code which represents your name or any part of it;
  • contain any numeric code which represents your birth date or any part of it;
  • contain your credit card PIN or any part of it; and
• not having an easily guessable security PIN;
• changing your security PIN regularly;
• installing and maintaining appropriate security software updates; and
• removing any Latitude Cards from your Fitbit App before disposing of it.

You may become liable for all or any unauthorised transactions if you do not keep your Fitbit Device and its security PIN secure in the manner described above.

5. Liability and unauthorised transactions

Except as set out in these terms and conditions, your liability for unauthorised transactions using your Latitude Card with Fitbit Pay will be determined in accordance with the Conditions of Use relating to your liability for EFT transactions applying to your account.

In the Conditions of Use references to “cards” are to be read as references to a Fitbit Device and references to “PIN” or “password” are to be read as references to the Fitbit security PIN, with all necessary modification, and noting that if a third party’s fingerprint or biometric identifier is registered on your paired smart device (e.g. your paired smart phone), you may be liable for these transactions.

6. Fees and Charges

We do not charge you any additional fees for adding, removing or using a Latitude Card on Fitbit Pay. You are responsible for all third party charges associated with the use of Fitbit Pay such as charges from your telecommunications provider for SMS, mobile data charges etc.

7. Suspension and termination of Fitbit Pay

Latitude may block, suspend or de-activate your Latitude Card in Fitbit Pay at any time.  Reasons for such action may include:

• where Latitude suspects fraud or misuse of any kind;
• if we believe you gave us false or misleading information;
• if your Latitude Card or account has been cancelled, blocked or suspended;
• if your account is in default or closed;
• if required by law for example, anti-money laundering and counter terrorism financing laws;
• If we believe that your access to Fitbit Pay has been or is being used to further any illegal activity;
• to ensure security or quality of service;
• to prevent loss to you or us;
• if requested to do so by Fitbit or by the relevant card scheme (for example, Visa);
• if Latitude's arrangements with Fitbit in respect of Fitbit Pay are terminated or are suspended; or
• for any other reason, with Latitude acting reasonably in the circumstances.

8. Privacy and data collection

The Important Privacy Notice in your Conditions of Use and Latitude’s Privacy Policy (www. gemfinance.co.nz/privacy/) contain detailed information on how we collect, hold and disclose your personal information in relation to your use of Fitbit Pay.

Once a Latitude Card has been added to Fitbit Pay on your Fitbit Device, Fitbit may also access your personal information regarding the use of the card through Fitbit Pay. Please see Fitbit's privacy policy at ‘https://www.fitbit.com/au/legal/privacy’.

Further to Latitude’s privacy notices above, Latitude may collect, hold and disclose personal information and data relating to your use of Fitbit Pay and your Fitbit Device to Fitbit and other third parties:

• to ensure the proper functionality of Latitude Cards in Fitbit Pay and to improve Fitbit Pay generally;
• for security purposes and to identify and prevent fraud;
• to provide a better service to you; and
• to tell you about our products or services that may be of interest to you.

If you do not want us to collect, hold or disclose your personal information or data as described above, you should not add your Latitude Card to Fitbit Pay. If you do not wish to receive direct marketing, please contact Customer Solutions number on the back of your Latitude Card or on the Latitude website.

9. Availability and Latitude liability

Fitbit Pay is made available by Fitbit and is only available on compatible Fitbit devices.  You must accept Fitbit’s terms and conditions in order to use Fitbit Pay.

Latitude is not responsible or liable for the use, functionality or availability of Fitbit Pay, any Fitbit device, the availability of contactless payment terminals at merchants, or any reduction in service level caused by third party telecommunications and network providers.

Latitude is not liable for any loss arising from your use of Fitbit Pay to the extent the loss was caused by your fraud or the breach of these terms and conditions or your misuse of Fitbit Pay or your Fitbit device.

10. Changes to these terms and conditions

Subject to the notice requirements set out below, we may change these terms at any time.

We will give you 20 days advance written notice of any changes we make that:

• imposes or increases a charge relating to the addition, use or removal of a Latitude Card in Fitbit Pay;
• increases your liability for losses relating to EFT transactions enabled by Fitbit Pay; or
• imposes, removes or adjusts a transaction limit applicable to your use of Fitbit Pay.

We will give you advance notice of other changes by writing (including by email) to you or by any other manner which is likely to come to the attention of as many account holders as possible (this may include by notice on or with your statement of account or by press advertisement).

We do not have to give you advance notice where an immediate change to these terms is necessary to restore or maintain the security of our systems or the accounts.

Latitude can change these terms and conditions by giving you notice by the communication methods described below in clause 11.

The current terms will always be available for you to view at www.gemfinance.co.nz.

11. Communication of notices

By agreeing to these terms and conditions and by continuing to use your Latitude Card on Fitbit Pay, you consent to receiving any notice or any other document we are required to give you by any of the following methods:

• by emailing the notice or other document to your email address;
• by SMS to your mobile device with a link to the notice or other document;
• by making the notice or other document available for a reasonable period of time on the Latitude Service Centre or Latitude mobile app for retrieval - we will send an email to your email address to notify you that the notice or other document is available for retrieval by you;
• in a manner permitted under legislation, which include public notice in regional newspapers; or
• by any other method provided for in the terms and conditions applying to your account.

12. Definitions

Unless otherwise defined below, defined terms in these terms and conditions have the same meaning as in the Conditions of Use.  In these terms and conditions:

• Fitbit Device means a smart wearable or any other device determined as eligible for use with Fitbit Pay.
• Fitbit Pay means the mobile payment service created by Fitbit that lets users make payments using credit cards or debit cards on eligible Fitbit Devices.
• Latitude, we or us means Latitude Financial Services Limited (Company number 5624865) and/or its related bodies corporate and affiliates and its successors and assigns and our has a corresponding meaning.
• Latitude Card means an eligible Latitude credit card which is not expired, blocked, suspended or cancelled.
• you or your includes as the context requires, the additional cardholder of the Latitude Card.

13. Trademarks

Fitbit and Fitbit Pay are trademarks of Fitbit Inc.