Privacy Policy
Elevar Fitness Privacy Policy
1. INTRODUCTION
1.1 This mobile application (Elevar Fitness App) is created and controlled by Elevar Fitness PTY LTD (ACN 76 674 201 113) (Elevar Fitness, our, us or we).


1.2 The Elevar Fitness App is a mobile application that promotes fitness, exercise, workouts, nutrition, macros and recipes, providing you with the ability to:
(a) post, share, comment and like photos, images, and videos of workouts routines, programs and recipes;
(b) search and save workouts routines, programs and recipes; and
(c) follow other users on the Elevar Fitness App, (collectively, the Services).


1.3 Elevar Fitness are committed to ensuring your Personal Information is protected. Elevar Fitness manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).


1.4 By accessing and using the Elevar Fitness App and Services you agree to this Privacy Policy.


1.5 This Privacy Policy outlines how Elevar Fitness collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.


1.6 For the purpose of this Privacy Policy:
(a) 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.

(b) Sensitive Information has the same meaning that it has under the Privacy Act, namely information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin, criminal history or other such private information.


1.7 A reference to Personal Information in this Privacy Policy includes Sensitive information except where otherwise indicated.
2. The information Elevar Fitness collect about you
2.1. Elevar Fitness will only collect and hold Personal Information about you that is reasonably necessary to undertake its business activities and functions, deliver the Elevar Fitness App and Services to you, or as otherwise permitted by law.


2.2. The type of Personal Information and non-Personal Information that Elevar Fitness collects and uses depends on the type of dealings that you have with Elevar Fitness and includes the following:
(a) contact details and account registration information (for example, your full name, email address, username and password);
(b) health information (for example, your gender, height, weight and fitness level) and dietary information (for example, your dietary restrictions);
(c) marketing data and information relating to your dealings, or enquiries you have made, with us, including information about: 

(i) the Services you have used; and
(ii) the third party products and services you have used or enquired about;
(d) payment and billing information;
(e) device information which is automatically collected from you when you visit and navigate through the Elevar Fitness App and use the Services. 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 Elevar Fitness App or Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Elevar Fitness App and other usage statistics; and
(f) other information that you provide to us or that we may collect in the course of our relationship with you.
3. Children
a) We may collect, store, process, use and disclose the Personal Information of children (i.e. under 18 years of age) when a child downloads, accesses and
uses the Elevar Fitness App and Services.
(b) 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 Elevar Fitness App and Services.
(c) If you are a parent/guardian and you wish to have your child’s account and profile on the Elevar Fitness App deleted, you can contact us using the contact details set out in section 13 below.
4. How Elevar Fitness collect Personal Information
4.1. Direct collection from you 
(a) We will collect Personal Information about you in a number of different ways. Whenever possible, Elevar Fitness will collect Personal Information directly from you during the course of our dealings with you. For example, when you:
(i) setup and create a profile on the Elevar Fitness App (including when you edit or update your profile on the Elevar Fitness App or reset your password) and when you access and use the Elevar Fitness App and Services;
(ii) publish, post or submit information, material or data on, or via, the Elevar Fitness App (for example, information relating to your workout videos and recipes);
(iii) contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey;
(iv) provide your Personal Information to third parties (such as our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers, government agencies, public registries, search agencies, regulatory and licensing bodies, recruitment agencies and from publicly available sources of information (for example, online databases and social media)); or
(v) when otherwise legally authorised or required to do so.
(b) 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. As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this Privacy Policy.
(c) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.

4.2. Collection from third parties
(a) We may collect Personal Information about you from:
(i) other users of the Elevar Fitness App when you interact with such parties on our social media linked group page, or via the Elevar Fitness App;
(ii) publicly available sources; and
(iii) other third parties (including our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers,
government agencies and cloud-based accounting software providers), and we take reasonable steps to make sure you are aware of the collection.
(b) If a third party provides us with Personal Information about you (such as your authorised representative or parent/guardian), we rely on them to:
(i) inform you that they are providing your Personal Information to us; and
(ii) advise you that you can contact us for further information about our privacy practices.
(c) Any third party collecting and sharing your Personal information with us, must take reasonable steps to ensure that you are aware of, and consents to, the matters outlined in this Privacy Policy, including that your 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, who we are, and how to contact us.
5. How Elevar Fitness use your Personal Information
5.1. Elevar Fitness use and disclose your Personal Information and non-Personal Information for the purposes for which the information is collected, including (but not limited to):
(a) providing you with access to, or use of, the Elevar Fitness App and Services (including, but not limited to, images and videos of workout routines, programs and recipes made available to you on, via, the Elevar Fitness App);
(b) personalising and customising the content, resources, products and services and advertising on the Elevar Fitness App;
(c) assisting with, or responding to, your queries;
(d) informing you about the Elevar Fitness App and Services (including images and videos of workout routines, programs and recipes, third party products and services or other matters which we believe are of interest to you (such as recruitment or business opportunities));
(e) sharing with Elevar Fitness’s Third Party Providers;
(f) administering, improving and managing the Elevar Fitness App and Services (including content on the Elevar Fitness App);
(g) verifying your account, identity, and activity on the Elevar Fitness App;
(h) for direct marketing purposes (see section 7 below); and
(i) complying with our legal and regulatory obligations.

5.2. We do not sell, share, disclose your Sensitive Information to other users of the Elevar Fitness App or any third parties.
6. Disclosure to Third Parties
6.1. Third Party Providers
(a) In order to provide or deliver the Elevar Fitness App and Services to you, Elevar Fitness may disclose your Personal Information to:
(i) Elevar Fitness’ affiliates, related bodies corporate, business partners, service providers, third party contractors, agents or suppliers, external business advisors or other authorised external service providers who perform functions on Elevar Fitness’ behalf (such as credit reporting bodies, credit providers, third party payment processors, hosting companies (such as Amazon Web Services), web and app developers, internet service providers, telecommunication providers, IT security providers, customer service providers, customer support specialists, fulfilment companies, external business advisors (such as auditors and lawyers), mobile advertising platforms (such as AdMob), government agencies, public registries, search agencies, regulatory and licensing bodies, recruitment agencies and from publicly available sources of information (for example, online databases and social media)) (collectively, Third Party Providers); and
(ii) law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law.
(b) You may share your posts on the Elevar Fitness App (which may include Personal Information) with other users of the Elevar Fitness App. Users of the Elevar Fitness App may share, post or re-post your posts on the Elevar Fitness App (which may include Personal Information) with other users of Elevar Fitness App.
(c) Prior to the disclosure of Personal Information to Third Party Providers, Elevar Fitness will take such steps as reasonable in the circumstances to ensure that the Third Party Providers treat your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.
7. Marketing communications
7.1. Elevar Fitness may use and disclose your Personal Information to send you information about the Elevar Fitness App and Services, as well as other content, resources, products and services offered by Elevar Fitness or third party providers of good and services) and other information that may be of interest to you. Elevar Fitness may send this information to you in a variety of ways, such as by email, SMS, telephone, social media or by customising online content and displaying advertising through the Elevar Fitness App.

7.2. If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting Elevar Fitness using the contact details set out in section 13 below.
8. Overseas disclosures of Personal Information
8.1. In the course of providing you with the Elevar Fitness App and Services, it may become necessary or desirable to disclose Personal Information to Third Party Providers located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances.


8.2. 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 Elevar Fitness transfer your Personal Information overseas, Elevar Fitness will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.
9. 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, Elevar Fitness 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.
10. Security of your Personal Information
10.1. Elevar Fitness take steps reasonable in the circumstances to ensure that the Personal Information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

10.2. The transmission of information via the Internet is not completely secure. Elevar Fitness cannot guarantee the security of your data transmitted to or via the Elevar Fitness App and any transmission is at your own risk.

10.3. Elevar Fitness will destroy or de-identify Personal Information in circumstances where it is no longer required, unless Elevar Fitness are otherwise required or authorised by law to retain the information.
11. Accessing and correcting your Personal Information
11.1. Elevar Fitness take steps reasonable in the circumstances to ensure Personal Information Elevar Fitness hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by Elevar Fitness.

11.2. If at any time you would like to access or correct the Personal Information Elevar Fitness hold about you, or you would like more information about Elevar Fitness’s approach to privacy, please contact Elevar Fitness via the contact details set out in section 13 below. If Elevar Fitness refuse your request to access or correct your Personal Information, Elevar Fitness will provide you with written reasons for the refusal and details of complaint mechanisms.
12. Cookies and Google Analytics
12.1. Elevar Fitness use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. Elevar Fitness use this information to analyse how visitors use the Elevar Fitness App and our website and to compile statistical reports on Elevar Fitness App and website activity. You can set your computer or device to reject cookies, but this may affect your ability to use certain parts of the Elevar Fitness App or website.

12.2. Services that the Elevar Fitness App 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 the Elevar Fitness App, 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.

12.3. 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).
13. Privacy complaints
If you have any complaints or issues you wish to raise with Elevar Fitness regarding the way Elevar Fitness have handled your Personal Information, or you would like to discuss any issues about Elevar Fitness’s Privacy Policy, please contact Elevar Fitness directly by email at contact@elevarfitness.com.
14. Changes to this Privacy Policy
From time to time, it may be necessary for Elevar Fitness to review and revise its Privacy Policy. Elevar Fitness may notify you about changes to this Privacy Policy by posting an updated version on the Elevar Fitness App. Elevar Fitness encourage you to check the Elevar Fitness App from time to time to ensure you are familiar with Elevar Fitness’s latest Privacy Policy.
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