Privacy Policy

 

 

1. INTRODUCTION

In this Privacy Policy, “our” “we” or “us” means Gender Fitness Pty Ltd (ACN 616 253 466) – the owner and operator of the mobile and desktop application Gender Fitness (“Gender Fitness”) – and its related bodies corporate. When we say “you” or “your, we mean both the end user and any organisation that signs up to Gender Fitness on the end user’s behalf.

By accessing or using Gender Fitness, you agree to be bound by our Data Collection Notice, Terms of Use and this Privacy Policy (collectively, “Terms”). If you are an organisation accepting the Terms on behalf of an end user, such as your employee, then you are binding that end user to these Terms and represent and warrant that you have full power and authority to do so. The end user must also accept these Terms to use Gender Fitness.

We are committed to protecting your privacy through compliance with the Privacy Act 1988 (Cth) (“Privacy Act”), the Australian Privacy Principles (“APP”) and any other privacy laws applicable to our platform.

Where our platform contains links to third-party websites, these sites are not governed by this Policy. We are not responsible for their operation and their privacy practices so please check those.

If you link any third party accounts from other services (such as Microsoft Office 365) to Gender Fitness, we may also get information from those accounts. The information we get from those services depends on your settings and their privacy policies, so please check what those are.

2. TYPES OF DATA AND INFORMATION WE COLLECT

2.1         Personal Information

In this Privacy Policy, ‘Personal Information’, ‘Employee Data’, ‘Meeting Data’, ‘Assessment Data’, ‘Feedback Data’, ‘Employer Provided Data’ and ‘Research Data’ have the same meanings given to them in our Data Collection Notice.

When you sign up for or use Gender Fitness, or when your organisation signs up on your behalf as an end user, we may collect your Personal Information and other information listed in our Data Collection Notice. The type of Personal Information we collect includes Personal Information such as name, email address and gender.

Your Personal Information will only be used and stored for the primary purpose for which it was collected and not for any other purpose, unless you would reasonably expect us to use or disclose the information for a secondary purpose or your consent has been obtained to use the information for additional purposes under section 3 of this Policy.

2.2         Log Data

When you access Gender Fitness by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (“Log Data”). This Log Data may include (without limitation) device identifiers, device type, geo-location information, connection information, traffic to and from Gender Fitness, mobile network information, the type of operating system and browser, IP address, server address, date and time of your visit to Gender Fitness, cookie information, and standard web log data.

The Log Data may be processed for the purposes of operating our platform, providing our services, ensuring our security, maintaining back-ups of our databases and communicating with you.

2.3         Cookies and other similar technologies

To capture Log Data, we may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-Personal Information about how you use Gender Fitness.

Cookies are files that store information on the device on which you are using or accessing our platform. Cookies also retain your details and preferences, so you can easily continue your browsing session upon return to our platform. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, although you may find that some parts of our platform will consequently have limited functionality and personalisation if you do so.

We try our best to handle any information collected by cookies in the same way that we handle other Personal Information described in this Policy.

2.4         Third party analytics tools

Third-party analytics tools collect non-Personal Information such as how often you visit our platform, the web pages you visit, add-ons, and other analytics data that assists us in improving our services. These tools might include, but are not limited to, Google Analytics, Google Tag Manager, or Firebase. Third-party cookies may be placed on your device by a service provider to us, for example, to help us understand how our platform is being used. Third-party cookies may also be placed on your device by our business partners to advertise the service to you elsewhere on the Internet. We reserve our rights to modify, add or remove any third-party analytics tools. By using Gender Fitness, you consent to the processing of any non-personal data these tools will collect in the way and for the purposes described above.

3. LEGAL BASIS OF OUR DATA PROCESSING (IN OTHER WORDS, WHY WE COLLECT YOUR DATA)

We collect, store, use and disclose your Personal Information through lawful and fair means, so we can perform our business activities. The legal basis for our processing of your Personal Information and other data is based on:

• your consent through your voluntary submission of the information and agreeing to these terms or ticking the “I agree” box displayed on our Data Collection Notice on our platform
• the information being necessary for the performance of a contract to which you (or your organisation) are a party (primary purpose)
• for carrying out pre-contractual measures (such as to verify your identity); and/or
• any other legitimate interests as detailed in this Privacy Policy.

By using Gender Fitness, you provide your consent to us processing your Personal Information for secondary purposes including (without limitation):

• for internal operations such as record keeping, data analysis, database management, data analytics or training
• sending you related assessments and other information that may be of interest to you
• verifying your Account, investigating any complaints related to you, or if we have reason to suspect that you are in breach of any of our Terms of Use
• to promote and drive engagement with Gender Fitness
• for internal data modeling and marketing purposes
• managing, researching and developing our products and services.

We may also use Personal Information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate:

• under applicable law, which may include laws outside your country of residence
• to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence
• to protect our rights, privacy, safety, property, or those of other persons.

4. IF YOU CHOOSE NOT TO PROVIDE YOUR INFORMATION TO US

We respect your privacy and personal choice when it comes to your data. You can choose not to provide us with your Personal Information. However, this may mean that:

• we will not be able to provide you with our services, or be limited in how we can do so
• we will not be able to interact with you
• we may be unable to process and open an account for you
• we will not be able to properly investigate or resolve any complaint you submit.

5. OTHER WAYS WE COLLECT, USE AND DISCLOSE YOUR INFORMATION

Use and disclosure of your information will only be made in accordance with APP 6.

5.1         Collection from third parties

To use your information in accordance with this Policy, we may also collect your Personal Information from trusted third parties including linked service providers (such as Microsoft Office 365)

You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Gender Fitness. You may also unlink your third party accounts from Gender Fitness by adjusting your settings on the third party service. If you unlink your third party accounts, we may no longer receive information collected about you in connection with that service. You acknowledge that only an organisation has the authority to link or unlink Gender Fitness from any third party account on behalf of an end user. We are not responsible for any failure to link or unlink Gender Fitness to a third party product or service. We, however, reserve our right to accept or refuse an organisation using Gender Fitness in conjunction with a third party product or service.

5.2         Disclosure of Personal Information

We take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know”.

If we disclose your Personal Information it will only be for the primary purpose for which it was collected or for a related secondary purpose where you would reasonably expect us disclose the information. We may disclose Personal Information, and you consent to us disclosing your Personal Information, to the following parties:

• our employees, related bodies corporate and employees of those entities
• our business partners
• third parties and contractors who provide services to us, including customer enquiries and support services, debt-recovery functions, IT service providers, marketing and advertising services
• payment systems operators
• any third parties authorised by you to receive information held by us
• government, regulatory and law enforcement agencies as required, authorised or permitted by law.

These parties are not authorised to use any Personal Information we share with them for any other purpose other than the primary and/or secondary purposes provided in section 3.

We may use the Personal Information we collect about you and other users of Gender Fitness (whether obtained directly or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with partners, advertisers, or other third parties. This data will not identify you personally.

We may use an anonymised combination of your Assessment Data, Feedback, Employer Provided Data, and Research Data (where provided) in accordance with our Data Collection Notice and this Privacy Policy.

Your Personal Information may be transferred overseas or stored overseas for a variety of reasons (such as to our data hosting and IT service providers based overseas). If your Personal Information is sent to a recipient in a country with data protection laws which are at least substantially similar to the APP, and where there are mechanisms available to you to enforce protection of your Personal Information under that overseas law, we will not be liable for a breach of the APP if your Personal Information is mishandled in that jurisdiction. If your Personal Information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we will take reasonable steps to secure a contractual commitment from the recipient to handle your information in accordance with the APP.

6. DATA SECURITY

6.1         Anonymity, destruction and de-identification

You acknowledge and accept we are unable to allow you to interact on Gender Fitness anonymously or by using a pseudonym. If you are an end user, please discuss with your organisation about the possibility of doing so.

We destroy or permanently de-identify Personal Information which is no longer needed in accordance with the APP 11, unless we are otherwise required or authorised by law to retain the information for a period of time.

In some circumstances, we will not attempt to match de-identified or anonymous data collected through assessments or such online devices as “cookies”, without your consent. By providing us your Personal Information, you consent and agree to our cookies-related activities as set out under section 2.3 of this Policy.

6.2         Data quality and security

We take reasonable precautions to ensure that the Personal Information we collect, use, store and disclose is accurate, complete, relevant and up-to-date.  However, the accuracy of that information depends to a large extent on the information users provide. That’s why we recommend that you:

• let us know if there are any errors in your Personal Information
• keep us up-to-date with changes to your Personal Information such as your name or email address.

You may change your personal details by using the relevant facility on our platform or by contacting us (contact details provided in section 10).

We try our best to ensure your Personal Information is protected from loss, misuse, unauthorised access, modification or disclosure (via measures such as firewalls, data encryption, virus detection methods, and password restricted access). However, we cannot guarantee the absolute security of your Personal Information. In the event of a data breach, we will attend to the reporting requirements that apply to us. We cannot accept responsibility for the misuse, loss or unauthorised access to, your Personal Information where the security of information is not within our control.

6.3         Notifiable Data Breach Scheme (NDBS)

If you reside in Australia, in the event that there is a data breach and we are required to comply with the NDBS of the Privacy Act, we will take all reasonable steps to contain the suspected or known breach where possible and follow the process set out in this section.

If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.  If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made.

7. CHOICES YOU HAVE ABOUT YOUR INFORMATION

You may contact us or update your settings to correct, delete or update your Personal Information.  We may, in accordance with the APP, refuse to provide you with access to your Personal Information if, for instance, granting you such access would have a negative impact on the privacy of another person.

You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) and the Do Not Call Register Act 2006 (Cth). If you opt out of receiving marketing messages from us, we may still send you newsletters and updates about your account. We only send you marketing material if you’ve agreed to it, but if you’d rather we don’t, you can easily unsubscribe at any time.

You may have your information, where technically feasible, sent to another organisation, where we hold this information with your consent or for the performance of a contract with you.

We will not normally charge a fee for processing a request unless the request is complex or is resource intensive.  We do, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a 3 month period.

8. ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER

All of our rights and obligations under the Terms are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

 

9. CHANGES TO OUR POLICY

We may change this Policy from time to time and if we do, we’ll post any changes on this page. If you continue to use our platform after those changes are in effect, you agree to the new Policy. If the changes are significant, we may provide a more prominent notice or get your consent, as required by law.

10. CONTACT US

If you have any feedback or questions about this Privacy Policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact us here:

Privacy Officer
Gender Fitness Pty Ltd
Level 3, 8 Whiteman Street, Southbank VIC 3006
data@genderfitness.com

If you wish to raise a concern about our use of your information you have the right to do so with your local supervisory authority, a list of which can be found here.

This Privacy Policy was last updated on 17/2/2020 .

Australian Innovation Patent No. 2018101100. US Patent Applied for. ‘Gender Fitness’ and the ‘Gender Fitness’ logo are trade marks of Gender Fitness Pty Ltd (ABN 91 616 253 466). ©2017–2020 of Gender Fitness Pty Ltd. All rights reserved.