Privacy Policy

FITILLION – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website, as displayed in our gym on our screens, on the Fitillion mobile application and through the Fitillion Home section of the Fitillion mobile application or on any interfaces available on equipment we supply to you (Platform).

Where you have a Membership Plan (as defined in the Fitillion membership terms and conditions entered into between you and us (Membership Terms)), we, us or our in this Privacy Policy means Your Gym (as defined in the Membership Terms).

Where you are using Fitillion Home, we, us or our in this Privacy Policy means Fitbeat Home Pty Ltd (ABN 11 643 108 614).

Where you do not have a Membership Plan and where you are not using Fitillion Home, we, us or our in this Privacy Policy means Fitbeat (Operations) Pty Ltd ACN 629 709 637.

Where you are purchasing products, we, us or our in this Privacy Policy means Fitbeat Home Pty Ltd.

By providing personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Platform and the provision of our services to you.

If you are under 18 years old, you must have, and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Platform, our gym and our services and they (your parents or guardian) have consented to you providing us with your personal information and your use of our gym and our services.

This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In addition to the Australian laws, individuals located in the European Union (EU) may also have rights under the General Data Protection Regulation 2016/679 (GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU as well as information on how we process the personal information of individuals located in the EU.

What personal information and sensitive personal information do we collect?

Personal information: The types of personal information we may collect about you include but are not limited to:

• your name and a nickname;
• your gender;
• images of you via the Platform and via the gym check-in terminal (where we will photograph you each time you use facial recognition to check-in);
• videos of you via our Platform where you choose to engage in video calls or other interactive features;
• your contact details, including email address, mailing or shipping address, street address and telephone number;
• your date of birth;
• your phone number;
• your credit card or payment details (through our third party payment processor);
• your preferences and/or opinions, including about the classes you attend and the equipment you use at our gym or through our services;
• information you provide to us through customer surveys;
• where you have ordered products from us, details of the products ordered by you;
• details of products and services we have provided to you or that you have enquired about, and our response to you;
• fitness tracking data from your workouts;
• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
• information about your access and use of our Platform, including through the use of Internet cookies, your communications with our Platform, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
• additional personal information that you provide to us, directly or indirectly, through your use of our Platform, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
• any other personal information requested by us and/or provided by you or a third party.

Sensitive personal information: The types of sensitive personal information we may collect about you include:

• biometric information such as:
  • weight;
  • height;
  • the shape of your face;
  • blood pressure;
  • bone mass;
  • fat mass;
  • muscle mass;
  • waist circumference;
  • metabolic rate; and
  • pulse.
• health information such as:
  • details of your health condition;
  • past or present injuries; and
  • illnesses and/or diseases.

We may collect these types of personal information directly from you or from third parties such as:

• where a customer provides your contact details as their emergency contact;
• through our refer a friend functionality on the Platform;
• via fitness trackers such as heart rate monitors, body composition analysers and APIs where we use this as part of our services.

How we use your personal information and sensitive personal information?

We may collect, hold, use and disclose personal information for the following purposes:

• to enable you to create an account and access and use our Platform, associated applications and associated social media platforms;
• to enable you to refer a friend and to invite a friend to attend a class with you;
• to contact and communicate with you;
• to direct you to the correct starting position for your class via our gym waiting room screen;
• to instruct your workout via our personalised workout screens;
• to dispatch and deliver our products to you;
• to manage any product warranty for products you purchase;
• to process payments for our services and for internal record keeping and administrative purposes, invoicing and billing purposes;
• for analytics, market research and business development, including to operate and improve our Platform, associated applications and associated social media platforms;
• to run competitions and/or offer additional benefits to you;
• for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
• to contact your emergency contact if we believe it is required;
• to comply with our legal obligations and resolve any disputes that we may have; and
• if you have applied for employment with us, to consider your employment application.

We may collect, hold, use and disclose sensitive personal information for the following purposes:

• to enable us to verify your health eligibility to use our services;
• to verify your identity using our facial recognition technology during check-in to our gym and via our gym check-in terminals;
• to instruct your workout via your personalised workout screen;
• to track your fitness progress;
• to select workout programs suitable for you;
• for our or our fitness tracker third party’s data analytics purposes;
• to refer you to medical or health service providers where we believe it is required and in the circumstances it is impractical for us to obtain your consent (such as if you get injured at the gym and we need to call an ambulance for you); and
• if authorised or required by applicable law.

Who do we disclose your personal information and sensitive personal information to?

We may disclose personal information to:

• other users who will be able to view your avatar or profile information and where your privacy setting is set to public other users can view your other public account information as well;
• other users where your privacy setting is private but you request to share personal information with another user such as when you invite a friend to attend a class with you;
• third party service providers for the purpose of enabling them to assist us in providing our services to you including (without limitation):
  • third party fitness trackers to assist us in receiving and providing heart rate based information;
  • IT service providers such as data storage, web-hosting and server providers;
  • couriers or shipping partners to ship our products to you;
  • payment processors and facilitators;
  • marketing or advertising providers;
  • professional advisors such as our lawyers;
• our employees, contractors and/or related entities;
• our subsidiaries, affiliates, potential agents or business partners;
• sponsors or promoters of any competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• debt collectors, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
• third parties to collect and process anonymous data, such as Google Analytics. This may include parties that store data outside of Australia.

We may disclose sensitive personal information to:

• third party fitness trackers and body composition scales to assist us in receiving and providing heart rate based information and health information;
• our subsidiaries, affiliates, potential agents or business partners;
• IT service providers such as those that assist us in providing our facial recognition technology; and
• a medical provider where it is reasonably required and it is impractical for us to receive your consent.

This applies if only the Australian Privacy Principles apply to you (and not the GDPR). We may store personal information overseas. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information outside of Australia.

Unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable, such as when enquiring with us about our services, we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Unsubscribing: To unsubscribe from our email database or opt-out of marketing communications, please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, irrelevant, misleading or out of date. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner or the relevant supervisory authority in your location.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Platform from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Platform with personal information, this information may be linked to the data stored in the cookie.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Platform. They include, for example, cookies that enable you to log into secure areas of our Platform, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our Platform and to see how visitors move around our Platform when they are using it. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our Platform. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

We may use web beacons on our Platform from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Platform may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy. We will use our best endeavours to notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change. If, for any reason, we fail, or are unable, to notify you of the change, the amended Privacy Policy is effective from the date we publish the amended Privacy Policy. We recommend you carefully read the Privacy Policy that is in effect at any given time to ensure that you understand and agree to them.

For any questions or notices, please email our Privacy Officer at [email protected].

Last update: 25 October 2021

APPENDIX 1 – ADDITIONAL RIGHTS FOR INDIVIDUALS LOCATED IN THE EU

Under the GDPR, individuals located in the EU have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix sets out the additional rights we give to individuals located in the EU, including how we process personal information lawfully, transparently and fairly. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

What personal information is relevant?

This Appendix applies to the personal information set out in the Privacy Policy above. This includes any sensitive information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

How we process personal information

We will process your personal information for our legitimate interests to allow you to access and use our website and Platform and any associated services, to send you marketing content we think may be of interest to you, to contact you if you leave your contact details with us or if you otherwise initiate contact with us.

We will rely on performing a contract to process your personal information where we are preparing to enter into a contract with you or we are carrying out our obligations under a contract with you.

We will rely on a legal obligation to process your personal information where we are subject to a legal obligation.

If we need to rely on consent, we will ask for consent to process any of your personal information for that specific purpose before we process your personal information for that reason. You may withdraw your consent at any time. If you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Upon written request, we may provide you with a list of the third parties we use to process your personal information.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.

In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymised information indefinitely without further notice to you.

Data Transfers

The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of the GDPR , such as through use of the European Commission approved standard contractual clauses; and (ii) we will protect the transferred personal information in accordance with the Privacy Policy, as supplemented by this Appendix.

Extra rights for EU individuals

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your personal information. You may also object to the processing of your personal information where your personal information is processed for direct marketing purposes.

Restricting processing: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Access, erasure and data portability: You may have the right to request details of the personal information we hold about you, or to request that we erase the personal information we hold about you, or that we transfer this information to a third party.

Rectification: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.