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PRIVACY POLICY

Last updated: 17 September 2017

The WHEREFIT web and mobile online platforms (WHEREFIT Platform) is owned by Plonder Pty Ltd (trading as WHEREFIT; ABN 43 606 839 463) (WHEREFIT also referred to as we, us and our). WHEREFIT is committed to respecting and protecting your privacy, and at all times acknowledges its obligations under the Privacy Act 1988 (Cth) (Privacy Act). WHEREFIT has prepared this privacy policy (Privacy Policy) to describe our information gathering and dissemination practices and our data protection practices for the WHEREFIT Platform. Please read this policy carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use the WHEREFIT Platform or do not give us any of your information.

The terms you, your, and yours refer to the user/customer utilising the WHEREFIT Platform.

This Privacy Policy is governed by our Terms and Conditions.

Children

The WHEREFIT Platform is not intended for or directed to persons under the age of 18, and we will not knowingly collect information from such persons. Any person who provides information to us through registration or in any other manner on the WHEREFIT Platform represents to WHEREFIT that they are 18 years of age or older. If we learn that a child under 18 has submitted personal information to us, we will attempt to delete the information as soon as possible.

Collection of information

Personal Information” means any information which can be used to identify an individual, and may include, but is not limited to, name, email address, or postal or other physical address. We collect Personal Information from you when you register for the WHEREFIT Platform, including the following: name, email address, name of employer and phone number. To participate in certain activities and to obtain certain services or documents offered on the WHEREFIT Platform, you may be asked to provide additional Personal Information such as billing address, credit card information, date of birth, address and emergency contact details. We endeavour to limit our requests for Personal Information to information that is reasonably necessary to achieve our purposes as described in the “Information Use” section below. Any Personal Information received in communication or in material you transmit to the WHEREFIT Platform by electronic mail or otherwise are and will be treated in accordance with this Privacy Policy.

When you visit the WHEREFIT Platform we also collect non-personal information, which is information that by itself cannot be used to identify or contact you, such as usage information (such as the browser you are using, the URL that referred you to the WHEREFIT Platform and the areas of the WHEREFIT Platform you visit).

Information use

WHEREFIT collects, holds and uses Personal Information for several primary purposes:

  • to provide you with the WHEREFIT Platform, service information, and news;
  • to support the WHEREFIT Platform and services offered on or through the WHEREFIT Platform;
  • to contact you for feedback about our services;
  • to conduct research about WHEREFIT’s customer base or services;
  • to fulfill your reservation and purchase requests;
  • to process your payments including credit checks and collection;
  • to notify you of technical updates or changes in policy;
  • to contact you for certain marketing and promotional purposes (for further information, including limitations applying to marketing and promotional contact, refer to the specific terms below under the heading “Information Sharing and Disclosure”); and
  • to process contests, sweepstakes, or other promotions and fulfill any related awards or discounts.

We may use information which is not Personal Information to analyse and develop our marketing strategy and further improve the WHEREFIT Platform and our services.

Information sharing and disclosure

We will not sell or rent your Personal Information to third parties except as described in this Privacy Policy. We will not use or disclose your Personal Information for any purpose other than those connected with the primary purposes outlined above, or reasonably related secondary purposes for which you would reasonably expect us to use or disclose the information. We may disclose your Personal Information to other companies or people under any of the following circumstances:

  • to any applicable venue, studio, instructor or other service provider for each Product that you purchase on the WHEREFIT Platform, so that it can provide service and contact you regarding the Product you purchased. Any other contact or communication between you and any venue, studio, instructor or other service provider will be subject to any terms you have agreed and/or other relevant consent. Further, we are not responsible for the content of any communications you may receive from any venue, studio, instructor or other service provider.
  • if sharing the Personal Information is reasonably necessary to provide or otherwise make available the WHEREFIT Platform and any feature of the WHEREFIT Platform or a service that you have requested.
  • to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to hear about from us or some of our business partners (but only where we have effective consent under applicable law).
  • if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, to prevent misuse of the WHEREFIT Platform (for example, any attempt to engage in anti-social behaviour), or to protect personal safety, the public, or the WHEREFIT Platform itself.
  • in connection with a sale or merger with another entity, consolidation, restructuring, sale of company assets, financing or other corporate change, including during the course of any due diligence process or if WHEREFIT should ever file for bankruptcy or related proceeding.
  • when we otherwise have your consent to share the Personal Information.

WHEREFIT may also share information which is not Personal Information with third parties (e.g. aggregate or demographic data).

Choice

We will give you the opportunity to “opt out” of receiving from WHEREFIT direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection or by contacting us directly at [email protected]

Access

You may correct, amend, or delete your Personal Information by editing your profile on the WHEREFIT Platform or emailing us at [email protected] You have a right to access a copy of the Personal Information held about you by emailing us at [email protected] In providing any requested Personal Information, we reserve the right to charge you a reasonable cost to meet our costs in providing you with this information.

Security

We are committed to doing all things we reasonably can to protect Personal Information from loss, misuse, interference, disclosure, modification, unauthorized access, and destruction. WHEREFIT takes reasonable precautions to safeguard the confidentiality of Personal Information. We protect the security of your Personal Information during transmission to us by using Secure Sockets Layer (SSL) software, which encrypts the information you input.

Where we store your personal information

The Personal Data that we collect from you may be transferred to, and stored at, a destination outside Australia. It may also be processed by staff operating outside Australia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of services to you, the processing of your payment details and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and the Australian Privacy Principles, contained within the Privacy Act. Please note, however, that Australian law may not necessarily apply to some of these entities.

Third party WHEREFIT Platforms

The WHEREFIT Platform may contain links to other webpages. WHEREFIT is not responsible for the privacy practices of such other webpages. We encourage our users to be aware when leaving the WHEREFIT Platform to read the privacy statements of webpages that collect Personal Information.

Cookies

We use cookies and other similar technologies (such as actions tags, also known as beacons, or pixels tags) for a number of purposes including for maintaining a user’s session, to remember preferences, track conversions, conduct marketing and promotional efforts, analyse WHEREFIT Platform traffic and trends, and generally understand the online behaviours and interests of people who interact with our WHEREFIT Platform.

We use third-party advertising companies to serve retargeting advertisements on our behalf or to provide advertising-related services. These companies may use a cookie or an action tag, to tailor the advertisements you see on the WHEREFIT Platform and other WHEREFIT Platforms, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information.

You can learn more about targeted advertising, its benefits and your choices by going to the Digital Advertising Alliance site at http://www.aboutads.info/consumers/.

We may also use third parties to provide measurement and analytic services. You can choose to opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout and/or Hotjar by visiting https://www.hotjar.com/opt-out.

You can change your cookie settings to accept or not accept cookies in your browser settings.

Use of Intercom Services

We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. (Intercom) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. Intercom analyzes your use of our website and/or product and tracks our relationship so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience.

For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies/. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies/.

If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.

Social media features and widgets

Our WHEREFIT Platform may integrate with social sharing features or other related tools which let you share actions you take on our WHEREFIT Platform with other apps, WHEREFIT Platforms or media, and vice versa. These features may enable the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. These features may also collect your IP address and which page you are visiting on our WHEREFIT Platform, and may set a cookie to enable the feature to function properly. Your interaction with these features are governed by the privacy policy of the relevant platform. Please refer to the privacy policies of those social sharing services for more information.

Public posts

The WHEREFIT Platform may allow you to post or share content to a public area of the WHEREFIT Platform such as a public profile, group, community or other public area. You should be aware that any content or information you choose to disclose in these areas can be read, collected and used by other users, the general public and other WHEREFIT Platforms (including search engines). We are not responsible for, and this Privacy Policy does not apply to, information you may choose to post in these areas.

Your consent to this privacy policy

By using this WHEREFIT Platform, you agree to this Privacy Policy. We may occasionally update this Privacy Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we change our Privacy Policy, we will post those changes on wherefit.com.  If we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify users via email or display a notice on wherefit.com. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of this WHEREFIT Platform constitutes your agreement to this Privacy Policy and any updates.

Complaints

If you have a complaint about the way in which we have handled your Personal Information, including any request for access or correction of your Personal Information, you can make a complaint to us via the below contact details.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this determination and/or any subsequent internal investigation.

If you remain unsatisfied with the way in which we have handled a privacy issue, you may raise this with the Office of the Australian Information Commissioner (www.oaic.gov.au).

Contacting WHEREFIT

If you have any questions, comments, or concerns about this Privacy Policy, please contact us at:

[email protected]