ACTIVFY PRIVACY POLICY

1. Introduction

1. The online health and fitness marketplace or e-commerce platform made available through a mobile application (Activfy App) and our website is created and controlled by Activfy Pty Ltd (ACN 669 515 842) (Activfy, our, us or we).

2. Activfy is committed to ensuring your Personal Information is protected. Activfy manages your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

3. By accessing and using the Activfy App and Services you agree to this Privacy Policy. 

4. This Privacy Policy outlines how Activfy collects, stores, processes, shares, uses and discloses your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

5. For the purpose of this Privacy Policy, Customer, Fitness Services, Fitness Products, and Service Providers have the meaning given in the Activfy App User Terms and Conditions.

2. The information Activfy collects about you

1. Personal Information

1. Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

2. Activfy collects and uses Personal Information and Non-Personal Information from users of the Activfy App and any other individual who interacts with us.

3. Activfy will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, make the Activfy App, the Fitness Services and Fitness Products available to you, or as otherwise permitted by law. 

4. The type of Personal Information and non-Personal Information that Activfy collects and uses depends on the type of dealings that you have with Activfy and includes the following: 

1. contact details and account registration information (for example, full name, email address and date of birth);

2. business information and contact details of your authorised representative (for example, business name, business address, work mobile and office telephone numbers and work email address, profile picture, banner or logo);

3. registration information provided by you to create and update your account on the Activfy App (such as your username and password);

4. information relating to the Fitness Services and Finess Products promoted or advertised by Service Providers on, or via, the Activfy App;

5. information relating to the Fitness Services and Finess Products a Customer has made enquiries about or has purchased from Service Providers on, or via, the Activfy App;

6. information relating to your dealings, or enquiries you have made, with us in relation to the Activfy App and our other products and services; and 

7. payment and billing information;

8. device information which is automatically collected from you when you visit and navigate through the Activfy App and our website.  Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the Activfy App and/or website, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Activfy App and website and other usage statistics; and

9. other information that you provide to us or that we may collect in the course of our relationship with you.

2. Sensitive Information

1. We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information. 

2. If you have accidentally sent us Sensitive Information, please contact us using the details below.

3. Children

1. We may collect, store, process, use and disclose the Personal Information of children (ie under 18 years of age) when a child downloads, accesses and uses the Activfy App.   

2. If you are a child and your parents/guardians do not give us permission to collect, use and disclose your Personal Information for the purposes outlined in this Privacy Policy, you should immediately cease using the Activfy.

3. If you are a parent/guardian and you wish to have your child’s account and profile on the Activfy App deleted, you can contact us using the contact details set out in section 11 below. 

3. How Activfy collects Personal Information

1. Direct collection from you

1. We will collect Personal Information and non-Personal Information about you in a number of different ways. We may collect Personal Information and non-Personal Information directly from you or in the course of our dealings with you. For example:

1. in the case of Service Providers, when you:

1. download, access and use the Activfy App (including when you open an account or create or update your account or Service Provider profile on, or, via, the Activfy App); and

2. upload, publish or display your Fitness Products, Fitness Services or otherwise submit information or data on, or via, the Activfy App; 

3. contact, interact or communicate with Customers on, or, via, the Activfy App.

2. in the case of Customers, when you:

1. download, access and use the Activfy App (including when you open an account or create or update your account or Customer profile on, or, via, the Activfy App);

2. use the Activfy App to book, order or purchase Fitness Products, and/or Fitness Services from a Service Provider on, or, via, the Activfy App;

3. contact, interact or communicate with a Service Provider on, or, via, the Activfy App;

3. contact or correspond with us via email or telephone or when you submit our query through our website in relation to the Activfy App, Fitness Products, Fitness Services and other our products and services.

4. when you visit the website or submit information through Activfy App (including on, or via, our related social media accounts), contact us, or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires; and

5. when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or lodge a complaint; 

6. when otherwise legally authorised or required to do so; and

7. from publicly available sources of information.

1. When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection. 

2. By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.

2. Collection from third parties

1. We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:

1. when you provide your Personal Information to our Authorised Affiliates or other third parties;

2. in the case of Service Providers, from Customers; 

3. in the case of Customers, from Service Providers;

4. if you use: 

1. our social media sites or applications, pages or plugins; or 

2. third party products or services that interact with Activfy App, the Fitness Services, Fitness Products and our products, services or website (such as Shopify).

5. if third party payment processors are used by us to process payments made by you.

2. When Activfy collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.

3. If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to: 

1. inform them that you are providing their Personal Information to us; and  

2. advise them that they can contact us for further information. 

4. You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to access that information, and who we are and how to contact us. 

4. How Activfy uses your Personal Information 

1. Purposes of use and disclosure

1. Activfy only use, process and disclose your Personal Information for the purposes for which it is collected. 

2. In particular, we use, process and disclose your Personal Information and Non-Personal Information to: 

1. provide or deliver the with Activfy App, our products, services or website to you, including, without limitation, to provide the means through which Customers can access, schedule, order, purchase and use Fitness Services and/or Fitness Products offered, or made available by Service Providers on, or via, the Activfy App.

2. informing you about the Activfy App, products or services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the Activfy App or other matters which we believe are of interest to you (such as recruitment or job opportunities);

3. manage, administer, improve, test, develop and upgrade the Activfy App and our products and services, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Activfy App, Customers, Services Providers, Fitness Services and Fitness Products;

4. share with our Authorised Affiliates;

5. charge and bill you to access and use the Activfy App and Fitness Services;

6. verifying your identity;

7. for internal record keeping;

8. for direct marketing purposes (see below); 

9. complying with our legal and regulatory obligations;

10. for any purpose to which you have consented; and

11. for any other purpose notified to you at the time of collection.

3. In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you. 

2. Disclosure to Authorised Affiliates

1. In order to provide or deliver the Activfy App, the Fitness Services and/or Fitness Products to you, we may disclose your Personal Information and Non-Personal Information to:

1. our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering the Activfy App, our promotions, deals and competitions;

2. third party service providers who process or use your Personal Information and Non-Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, such as cloud-based accounting software platform; marketing and analysis organisations, third party payment processors and financial and credit card institutions to process payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, e-commerce platforms (such as Shopify) fulfilment companies and research and data analysis firms, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees); and

3. external business advisors, such as auditors, lawyers, insurers and financiers,

(collectively, Authorised Affiliates).

2. In the case of Customers, we may share your Personal Information with Service Providers for the purposes outlined in section 4.1 above and in the case of Service Providers, we may share your Personal Information with Customers for the purposes outlined in section 4.1.

3. We may also disclose your Personal Information and Non-Personal Information:

1. to any other party with your consent and direction; 

2. to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or

3. where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard. 

4. When we disclose your Personal Information or Non-Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access. 

5. Our Authorised Affiliates may also provide us with Personal Information and Non-Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.

6. Activfy may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard. 

3. Third party payment processor

We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any Personal Information or payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Shopify Payment, Apple Pay, Google Pay, whose use of your Personal Information is governed by their privacy policy, which may be viewed at www.shopify.com/legal/privacy, www.apple.com/au/legal/privacy/data/en/apple-pay/ and https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=AU 

4. Overseas disclosure

1. In the course of providing you with access to, and use of, the Activfy App and, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information to our third party payment processors located outside of Australia, including Canada, United States, United Kingdom and elsewhere in the world.

2. The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, Activfy will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.

3. By accessing or using the Activfy App, or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates. If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details below. However, if you do not provide your Personal Information to us or our Authorised Affiliates, we may not be able to provide you with access to, and use of, the Activfy App.

5. Disclaimer

1. Activfy will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless: 

1. we are otherwise required by the relevant Privacy Laws; 

2. we are permitted to under this Privacy Policy; or 

3. such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Activfy App. 

2. This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5. Notifiable Data Breaches Scheme

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Activfy will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

6. Marketing communications

1. Direct marketing

1. Activfy may use and disclose your Personal Information to send you information about the Activfy App, Fitness Services and/or Fitness Products made available by Service Providers and any other products or services we may offer from time to time, as well as other information that may be of interest to you. 

2. These communications may continue, even after you stop using the Activfy App and the Services.

2. Communication channels

1. Activfy may send this information to you via the communication channels specified at the time you provide your consent. 

2. These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices or advertising on the Activfy App.

3. Opting-out

You can opt out of receiving these communications by:  

1. contacting us using the details below; or

2. using the unsubscribe function in the email or SMS.

7. Storage and security 

1. Protecting your Personal Information

1. We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information. Some of the safeguards that we use include firewalls, physical access controls to data centres, SSL (Secure Socket Layer) encryption when transmitting payment information and information access authorisation controls provided by Authorised Affiliates (such as Amazon and Google).

2. Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.

3. Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:

1. protect and maintain the security of your Personal Information and Non-Personal Information; and 

2. comply with the Australian Privacy Principles when accessing and using your Personal Information. 

2. No guarantee

1. The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Activfy App. 

2. You provide your Personal Information and Non-Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.

3. Destruction of Personal Information

We will destroy or de-identify Personal Information where it is no longer required (by no later than 30 days after you delete your account), unless we are required or authorised by law to retain the information. However, Activfy may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.

8. Accessing and correcting your Personal Information

1. Activfy shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act. 

2. You can access, or request that we correct, your Personal Information by writing to us using the details below. Activfy may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing. 

3. We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.

4. We will endeavour to respond to your request for access or correction within 30 days  from your request.

9. Cookies policy

1. Activfy and its Authorised Affiliates may collect information by automated means when you access and use the Activfy App by utilising features and technologies of your internet browser, including cookies and similar technologies. A cookie is a piece of data that enables us to track and target your preferences. 

2. The type of information we and our Authorised Affiliates collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using and browser and login authentication status.

3. We may use cookies and similar technologies to: 

1. enable us to identify you as a return user, make it easier for you to login to the Activfy App and personalise and enhance your experience and use of the Activfy App; and

2. help us improve our Service to you when you access the Activfy App and to ensure that the Activfy App remains easy to use and navigate.

4. Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies. 

5. If you reject our cookies or similar technologies, you may still use the Activfy App but may only have limited functionality of the Activfy App. 

6. We may also use your IP address to analyse trends, administer the Activfy App and other websites we operate, track traffic patterns and gather demographic information. 

7. Services that our website may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our website. By using our website, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.

8. Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh/related?hl=en-GB).

10. Privacy complaints

1. If you have any issues about this Privacy Policy or the way Activfy handles your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

2. At all times, privacy complaints:

1. will be treated seriously;

2. will be dealt with promptly;

3. will be dealt with in a confidential manner; and

4. will not affect your existing obligations or your commercial arrangements with us.

3. Our Privacy Officer will endeavour to:

1. respond to you within 10 business days; and

5. investigate and attempt to resolve your concerns within 30  business days or any longer period necessary and notified to you by our Privacy Officer.

4. If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner. 

11. How to contact us

Activfy can be contacted by email at compaints@activfyapp.com. 

12. Changes to this Privacy Policy

1. From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the Activfy App. 

2. We encourage you to check the Activfy App from time to time to ensure you are familiar with our latest Privacy Policy.