- In this Policy:
- Account means a personal account given to a User on the App upon successful completion by that User of Fitafy’s registration procedure;
- Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;
- User, you or your means any person who accesses and uses Fitafy’s App or Services; and
- Website means f.
- This Policy forms part of and is incorporated into the Terms of Service.
- This Policy has been prepared in accordance with:
- applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein; and the General Data Protection Regulation (EU) 2016/679 (GDPR), as applicable.
- This Policy applies to Fitafy’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the App, the Website, the Services, participate in any event, activity or promotion created by Fitafy, or register an Account.
- This Policy is intended to describe what information Fitafy collects and/or processes; how Fitafy uses it; and under what circumstances, if any, Fitafy discloses any Personal Information. Please read this Policy before using the App, the Website or the Services, or before submitting any Personal Information. By using the App, the Website or Services or by participating in any event, activity or promotion created by Fitafy, you are accepting the practices described in this Policy.
- Fitafy may in its absolute discretion elect to amend or replace this Policy by uploading a revised Policy on the App from time to time. A copy of the most up to date version of this Policy will be made available to view on the website. Any changes made to this Policy will apply immediately from the date Fitafy uploads the revised Policy onto the Website. In addition, Fitafy may, but is not obliged to, notify you by email of any updates to this Policy. Fitafy strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information Fitafy has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop using the Services and accessing the App and the Website or participating in any event, activity or promotion created by Fitafy. In addition, you should take steps to cancel your Account.
Types of Information Collected
- When you register for an Account, use the Services (including participating in any event, activity or promotion created by Fitafy) or access the App or the Website, Fitafy may collect your Personal Information, Sensitive Information and Statistical Information – all of which are defined in clauses 2.2, 2.3 and 2.4 below, respectively.
- Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may (potentially) include a person’s full name, mailing or residential address, date of birth, bank account details, credit card details, phone number and email address, as well as potentially “personal data” (for the purposes of the GDPR) or Sensitive Information. For the purpose of this Policy, the term Personal Information also includes:
- information we collect about the content you post on the App or the Website or through your interactions with other content on the App or Website; and
- personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.
- Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.
- Statistical Information includes the internet protocol (IP) address of your device used to connect to the App, the Website or use the Services or to participate in any event, activity or promotion created by Fitafy, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the App, the Website or the Services or your participation in any event, activity or promotion created by Fitafy.
Personal Information about third parties
- If at any time you supply Fitafy with Personal Information or Sensitive Information about another person, you should ensure that you have written consent from that person to do so, and you must agree to inform that person about Fitafy and the fact that Fitafy may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
How Fitafy Collects Personal Information
- Fitafy will not ordinarily collect any Personal Information about you except where you provide it to Fitafy (either directly, or through posting or interacting with content on the App or the Website including participating in any event, activity or promotion created by Fitafy), or where it is provided to Fitafy with your authority.
- Fitafy collects Personal Information when you:
- take steps to register an Account, enquire about or sign up for and use the App, the Website or the Services;
- participate in any event, activity or promotion created by Fitafy;
- post and/or interact with content on the App or the Website;
- provide Fitafy with feedback or make a complaint; and/or
- do business with Fitafy.
- In the event Fitafy receives unsolicited information about you, it will only be collected where:
- such collection is reasonably necessary for one or more of Fitafy’s functions or activities; and
- Fitafy either:
- obtains your consent; or
- is authorised or required to do so by Law.
- Where clause 4.3 does not apply, Fitafy will (within a reasonably practicable timeframe) destroy any unsolicited Personal Information that Fitafy receives.
How Fitafy uses Personal Information
- Fitafy will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. Fitafy will make every reasonable effort to advise you of the purposes for which Fitafy is required to collect your Personal Information before that Personal Information is to be collected.
- To provide, develop and improve the Services
You authorise Fitafy to use your Personal Information to:
- contact you in relation to your use of the App and the Services, including (without limitation) to notify you of any modifications to our Terms of Service or this Policy;
- help you interact with other Users on the App (including by collecting information about the content you have accessed);
- contact you in connection with any event, activity or promotion created by Fitafy you have entered or requested to participate in or be notified about;
- notify you about promotions or other communication;
- market the App – for example using content you have uploaded onto the App in connection with your participation in any event, activity or promotion created by Fitafy to market and promote the App, the Services or Fitafy generally;
- make improvements to the Services, the App and/or the Website. For example, Fitafy may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the App, the Website and the Services, and to implement updates where necessary; and
- measure the performance of the Services and to understand how the Services are used. For example, Fitafy may analyse Users’ interactions with content on the App and/or the Website so Fitafy can streamline the process of the Account registration and optimise the experience of its Users.
To ensure compliance
Additionally, the purposes for which Fitafy will generally collect and use your Personal Information will include:
- to comply with all Laws (including but not limited to verifying your identity to prevent fraud or other unauthorised or illegal activity);
- to co-operate with authorities in relation to any investigation into any User of the App or the Website;
- to perform Fitafy’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
- to manage Fitafy’s rights and obligations under the Terms of Service or this Policy;
If you are a User, Fitafy may send you email marketing communications to:
- provide you with information about Fitafy’s Services, the App and the Website;
- invite you to participate in promotions or ask you for feedback; and/or
- communicate with you for other marketing purposes.
In doing so, Fitafy will always provide you with the option to unsubscribe from Fitafy’s marketing communications. If you do not want to receive marketing communications from Fitafy, please contact Fitafy by email at email@example.com.
Disclosure of Personal Information
- By accessing the App or the App or using the Services, you consent to the disclosure of your Personal Information in accordance with this Policy.
- Fitafy takes the protection of your Personal Information very seriously. Fitafy will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable Fitafy to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in Fitafy’s records.
- Fitafy will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:
- Fitafy has obtained your consent to its use or disclosure; or
- the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect Fitafy to use or disclose that Personal Information in that manner.
- Fitafy may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom Fitafy may disclose your Personal Information may include:
- Fitafy’s agents, contractors and external advisors (such as legal and financial advisors) whom Fitafy engages from time to time to carry out, or advise on, Fitafy’s functions and activities;
- business partners (eg advertisers);
- other Users (eg your username or profile name, the information you have consented to us sharing, and any Content you publish on the App which contains Personal Information); and/or
- regulatory bodies, government agencies, law enforcement agencies and courts.
- Unless otherwise specified in this Policy or as required by Law, you authorise Fitafy to disclose your Personal Information and Statistical Information to third parties:
- where Fitafy assigns, transfers, sells or otherwise licenses its rights under the User Terms of Service to a third party;
- where Fitafy reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation suspected fraud), situations involving potential threats to the physical safety of any person, violations of the Terms of Service or this Policy, or as otherwise required by Law;
- in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of Fitafy’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Fitafy will notify you using the Personal Information linked to your Account; and
- where such disclosure is required by Law, or where Fitafy reasonably believes in good faith that such disclosure is necessary to protect Fitafy’s rights.
- You consent to Fitafy disclosing Statistical Information to third parties including, without limitation, to analytics companies and Fitafy’s business partners, to help Fitafy understand usage patterns, to assist in product, App and Service development and for advertising purposes.
- Fitafy may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Fitafy discloses your Personal Information to overseas recipients, Fitafy will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:
- Fitafy believes on reasonable grounds that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
- you give Fitafy an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
- the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).
- If you register an Account or continue to access the App or Website or use the Services (including participating in any event, activity or promotion created by Fitafy), you agree to Fitafy’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information.
- Statistical Information; and information about your interaction with the Services or participation in the event, activity or promotion created by Fitafy, including your clickstream to, through and from the App, the times you access the App, activity on third party websites which are linked to the App, and views and interactions with Content.
- You may control the technical information Fitafy collects, including through your browser or device settings. In doing so, you:
- acknowledge some of Fitafy’s Services may not function properly if you choose to disable cookies; and
- release Fitafy and any of its Related Bodies Corporate from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Services).
- Fitafy will comply with the principles of data protection (including as set out in the GDPR) for the purpose of fairness, transparency and lawful data collection and use.
- Fitafy will process Personal Information as a processor and/or, to the extent relevant, as a controller (as those terms are defined in the GDPR).
- Fitafy must have a legal basis to process Personal Information which it collects. Fitafy relies on several legal bases to process Personal Information in accordance with this Policy, including:
- where the person has consented to the processing of Personal Information by Fitafy (which consent may be withdrawn at any time);
- for Fitafy’s legitimate interests to operate, provide or improve the App and/or Services;
- where necessary to provide access to, and use of, the App and/or Services; and/or
- where Fitafy is authorised or required by Law to do so.
- Fitafy will only process any Personal Information that is considered Sensitive Information if the person expressly consents to it being provided to it being provided to Fitafy.
- Where a person has (directly or indirectly) provided consent to Fitafy processing their Personal Information, the consent may be withdrawn at any time with future effect – i.e. the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal. If consent is withdrawn, Fitafy will only continue processing the person’s Personal Information where Fitafy is permitted or obliged to do so by Law (including under the GDPR).
Your Rights Under this Policy
- This clause 9 sets out the rights you have in relation to how your Personal Information is obtained and used.
- Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected:
- the right to be informed how your Personal Information is being used;
- the right to access your Personal Information (and Fitafy will provide you with a free copy of it);
- the right to correct your Personal Information if it is inaccurate or incomplete;
- the right to delete your Personal Information (which is also known as “the right to be forgotten”);
- the right to restrict processing of your Personal Information;
- the right to retain and reuse your Personal Information for your own purposes;
- the right to object to your Personal Information being used; and
- the right to object against automated decision making and profiling.
- You are encouraged to contact Fitafy at any time if you wish to exercise your rights in relation to this Policy. Fitafy reserves the right to request you verify your identity before Fitafy acts on any request made by you.
Storage of Personal Information
- Fitafy implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our company servers located in Australia (as determined by Fitafy from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
- Fitafy’s servers may at times be located overseas in countries which are not bound by the Privacy Act, including, without limitation, the United States of America, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that Fitafy is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.
Security of Personal Information
- Fitafy will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Fitafy through your use of the App, the Website and Services or otherwise. Fitafy will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.
- Notwithstanding clause 11.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, Fitafy cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of the App or the Website. You understand that any Personal Information you provide to us is done so at your own risk.
- If Fitafy becomes aware of a breach of security in relation to your Personal Information, Fitafy will immediately use its best endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.
- If Fitafy becomes aware of a breach of security, and a third party has, without authorisation:
- accessed your Personal Information; or
- disclosed your Personal Information to another third party, (Data Breach), and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to the individuals to whom the information relates, Fitafy will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how Fitafy believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
- If Fitafy becomes aware of a Data Breach in which your Personal Information is lost, and Fitafy has reasonable grounds to believe that:
- unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
- if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to the individuals to whom the information relates, Fitafy will notify you and the OAIC with the details of the Data Breach, including details of how Fitafy believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
- You acknowledge and understand that if you access the App, the Website or the Services from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that Fitafy will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).
How long your Personal Information is stored
- You consent to Fitafy retaining your Personal Information for as long as necessary to fulfil the purposes for which Fitafy has collected it, including in order to satisfy any Law.
- To determine the appropriate retention period for Personal Information, Fitafy will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which Fitafy processes the Personal Information and whether Fitafy can achieve those purposes through other means. Fitafy will also at all times have regard to the applicable legal requirements under the GDPR and/or the Privacy Act (as applicable).
- Where Fitafy provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
- the use of your Personal Information by third parties is not in Fitafy’s reasonable control;
- third party websites may place their own cookies or other files on your computer or telephone, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and
- If Fitafy discloses personal information to a third party, Fitafy will always act to protect it in accordance with this Policy. However, you agree that Fitafy will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom Fitafy validly disclosed the Personal Information (and you agree to make no claim against Fitafy in that regard).
- Where Fitafy provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
How to Contact Fitafy
- If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Policy, you should contact Fitafy as soon as possible using the means provided on the App or at:
Your complaint will be taken seriously and addressed in accordance with Terms of Service in relation to Dispute Resolution.
How to Contact the Office of the Australian Information Commissioner
If you do not receive a satisfactory response from Fitafy, or you believe that Fitafy has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:
Address: GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992