PhysiKits Privacy Policy
 1 INTRODUCTION
This privacy policy applies between you, the visitor to this website and our PhysiKits Platform (âPlatformâ) (whether directly as a user, our customer or as personnel of our customer), and PhysiKits Pty Ltd [ABN: 35 686 775 557] (also referred to as âweâ, âourâ, âusâ), the owner and provider of this website and Platform. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of our website or Platform and the provision of our services to you.
We take our privacy obligations seriously and weâve created this privacy policy to explain how we collect and treat your personal information. Personal information is that information which is identifiable as being about you.
2 LAWS AND STANDARDS WE COMPLY WITH
We comply with:
(a) the Australian Privacy Principles established by the Privacy Act 1988 (Cth); and
(b) to the extent the European Unionâs General Data Protection Regulation 2016/679 (âGDPRâ) applies to us and our use of your information, the GDPR.
3 TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
(a) name;
(b) mailing or street address;
(c) email address;
(d) social media information;
(e) telephone number and other contact details;
(f) age;
(g) date of birth;
(h) sensitive information about your health which is relevant to your use of our Platform such as your current health condition, medical history, injuries, pain-affected areas, disease or conditions, treatments or treatment plans (current or historical), exercises, medications, therapies etc;
(i) information in connection with client surveys, questionnaires and promotions;
(j) your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
(k) information about third parties; and
(l) any other information provided by you to us via our website, Platform, or our online presence, or otherwise required by us or provided by you.
4 HOW WE COLLECT PERSONAL INFORMATION
We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access.
We may collect personal information either directly from you, or from third parties, including where you:
(a) contact us and/or register through our website or Platform;
(b) communicate with us via email, telephone, SMS, social media applications (such as LinkedIn or Facebook) or otherwise;
(c) use our automated referral system or manual referral service;
(d) interact with our website, Platform, social applications, services, content and advertising; and
(e) invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, âcookiesâ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. Cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partnersâ sites or apps.
5 USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
(a) to provide services or information to you through our Platform or website;
(b) for record keeping and administrative purposes;
(c) to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;
(d) to improve and optimise our service offering and customer experience;
(e) to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
(f) to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
(g) to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
(h) to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
Weâve endeavoured to ensure that our use and collection of your data is clear and as transparent as possible, but in the interests of keeping this policy concise itâs not possible to list every circumstance in which we will use your data.
We may use third party service providers for disaster recovery services. To the extent necessary to receive those disaster recovery services, we will provide your data to that third party service provider.
We may also use third party service providers to audit the infrastructure and applications we use to store your data. To the extent necessary to receive those audit services, we will provide your data to that third party service provider.
6 SECURITY
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
7 LINKS
Our website and Platform may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites, and we suggest you review the privacy policies of those websites before using them.
8 USE OF KAJABI
Our Platform is hosted on Kajabi, a third-party service provider. By using our Platform, you acknowledge and agree to Kajabiâs Privacy Policy, which can be found at:Â https://legal.kajabi.com/policies/privacy.
(a) We encourage you to review Kajabiâs Privacy Policy to understand how your personal information may be handled by them.
(b) Any interactions you have with Kajabi are governed by their terms and conditions, and any issues or concerns regarding your data should be directed to them.
(c) To the extent permitted by law, the Company is not responsible or liable for the privacy practices, policies, or actions of Kajabi. The Company disclaims any liability arising from the use of Kajabi and any third-party services integrated into our Platform.
9 REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
Where you are a resident of the European Union and the GDPR applies to your personal information, you have the right to ask for âsubject access requestâ or âSARâ being a copy of your personal data held by us. Where we do hold such data about you, we will provide you with a copy of the data we hold about you. This will be in a commonly used machine-readable file where you request us to e-mail the information to you. We will also give you a description of the data, tell you why we are holding it and tell you who we could have disclosed it to.
If you think that any personal information, we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected. We will also stop processing data on your request, and you may also request that we delete the data held about you.
If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us using the contact details set out in the âContact Us section below.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).
10 CHANGE OF CONTROL
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
11 TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (âEEAâ)
Information that we collect in the EEA may from time to time be stored, processed in or transferred between parties located in countries outside of the EEA which may not have as stringent data protection laws as found in the EEA.
Some of our third-party service providers may be also located outside the EEA. If we transfer your data outside the EEA in this way (where you are a resident of the European Union and the GDPR applies to your personal information) we will ensure that the third-party provider we use is compliant with the GDPR and that your privacy continues to be protected as outlined in this privacy policy.
If Article 27 of the GDPR applies to us, we will appoint a representative within the European Union in accordance with the GDPR. Please contact us and we will let you know the representativeâs contact details.
12 ALL OTHER JURISDICTIONS
While we strive to comply with the privacy laws and regulations of various jurisdictions, including but not limited to the United States (CCPA), Canada (PIPEDA), and other applicable laws in Asia, Russia, Africa, and South America, please be aware that PhysiKits Pty Ltd is not physically located in these jurisdictions.
As such, while we will make our best efforts to comply with the relevant privacy regulations applicable to our users in these regions, we cannot guarantee full compliance due to differences in legal interpretations, enforcement practices, and our operational capacities.
By using our website or Platform and providing personal information to us, you acknowledge and understand that we will handle your information in accordance with this privacy policy and applicable laws to the best of our abilities, but you agree that we cannot ensure absolute compliance with every aspect of all international privacy laws.
This privacy policy does not intend to waive any rights that you may have under applicable privacy laws in your jurisdiction. We respect your rights and will make reasonable efforts to ensure that your personal information is handled in accordance with those rights and applicable laws.
13 COMPLAINTS
If you wish to complain about how we handle your personal information or held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
For data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under GDPR.
14 CONTACT US
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Email: [email protected]
By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.
We may change this privacy policy from time to time by posting an updated copy on our website/Platform and we encourage you to check our website/Platform regularly to ensure that you are aware of our most current privacy policy.
