(1) This website (‘Website’) is owned and operated by MyPhysique Pty Ltd (ACN 622 547 291) (“MyPhysique”).
(2) MyPhysique grants licenses to its members (our “Subscribers”) to access online video content (“Digital Content”) for automated online nutrition and training coaching services including progress tracking and other exclusive services to our Subscribers that are advertised on our Website from time to time (our “Subscription Services”).
(1) MyPhysique is committed to maintaining the security of Personal Information (‘Personal Information’) provided to us. When you share Personal Information with us, we treat it with care and take our responsibility to protect it seriously.
(3) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and the EU General Data Protection Regulation (‘GDPR’).
(5) Any reference to “MyPhysique”, “we”, “our”, or “us” means MyPhysique Pty Ltd (ACN 622 547 291). Any reference to “you, or “your” means you as a subscriber (‘Subscriber’) to our Subscription Services.
2. SUBSCRIPTION SERVICES
(1) To obtain access to our Subscription Services, you must register for a member account through our Subscription Services (‘Subscriber Account’) and subscribe to our Subscription Services.
3. WHAT PERSONAL INFORMATION IS COLLECTED
(1) “Personal Information” is information or an opinion that can reasonably identify an individual (s 6(1) of the Privacy Act).
(2) We receive and store Personal Information you provide to us through your use of our Subscription Services and Digital Content.
(3) We may ask you to provide Personal Information such as your name, payment details, address and email address to enable us to provide you with our Subscription Services, to provide you with subscription information, sales and marketing actions, process your subscription order, provide updates and to meet our contractual obligations.
(4) We may collect additional data from Subscribers at other times, including but not limited to, when you provide feedback, when you provide data in connection with the Subscription Services, change your content or email preference, respond to surveys and promotions, or communicate with our customer support.
(5) We may collect data from non-subscribers with your express consent when we make available opt-ins directly on our Website or through third-party providers.
4. HOW WE COLLECT YOUR PERSONAL INFORMATION
(1) MyPhysique collects Personal Information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Subscription Services and when we provide our Digital Content to you.
5. HOW WE USE YOUR PERSONAL INFORMATION
(1) MyPhysique uses your Personal Information and you consent to us using your Personal Information to:
(a) supply you with our Subscription Services and Digital Content in accordance with our Terms;
(b) provide you with information and updates about our Subscription Services and our Digital Content;
(c) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail;
(d) manage, research and develop our Subscription Services and Digital Content including through data analytics;
(e) administer our business activities; and
(f) investigate any complaints.
(2) If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Subscription Services or for you to access certain parts of our Digital Content and for us to respond to your query.
6. LEGAL BASIS IN THE EUROPEAN UNION (EU) FOR THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
(1) “Personal Data” refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’) (Article 4).
(2) The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or Subscription Services to individuals in the EU or monitor the behavior of individuals in the EU.
(3) If you are an individual residing in the EU, we may collect and process Personal Data about you in accordance with the GDPR. A “Controller” says how and why personal data is processed and a “Processor” acts on behalf of the Controller by processing the data.
(4) When you subscribe to our Subscription Services, we process Personal Data on your behalf as a Processor where you are the Controller and otherwise to the extent that we are a Controller as defined in the GDPR.
(5) “Processing” means any operation or set of operations that is performed upon Personal Data or sets of Personal Data whether automated or not including for collection, recording, organisation, structuring, storage, adaption, or alteration, retrieval, consultation, use, disclosure by transmission or for dissemination.
(6) As we are a Processor of Personal Data on your behalf as the Controller, we must provide you with the:
(a) the legal basis for collecting Personal Data; (b) which items of Personal Data to collect; (c) the purposes the Personal Data is to be used for; (d) which individuals to collect Personal Data about; (e) whether to disclose the Personal Data and to whom; (f) whether Data Subject access and other rights apply; (g) how long to retain the Personal Data and whether to make amendments to the Personal Data.
(7) The legal basis for which we collect Personal Data from you depends on the Subscription Services you use and how you use them. MyPhysique will only collect and use your Personal Data on the following legal bases: under the Terms of our contract to provide you with our Subscription Services, when you give us your express consent to use and process Personal Data for a specific purpose, for the satisfaction of a legitimate interest or to comply with a legal obligation. You may also as a non-subscriber gives us your explicit consent to process your Personal Data for a specific purpose when we, for example make available opt-ins directly on our Website, for information guides or other digital content.
(8) We will only otherwise collect your Personal Data with your express consent for a specific purpose and any Personal Data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
(9) As a Processor, we process Personal Data in accordance with your documented instructions and we will not engage another processor without your prior specific and written consent. We will make available to you all information necessary to show our compliance with the GDPR including that we have taken appropriate security measures to protect the Personal Data in accordance with the GDPR. We will delete or return the Personal Data to you at the end of our Subscription Services in accordance with your explicit instructions.
(10) In the event of a Personal Data breach including any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data transmitted, stored or process, we will report the breach to you without undue delay after becoming aware of the breach, and not later than 72 hours after the breach giving you a description of the nature of the breach.
(11) Unless otherwise required by contractual obligation or any other legal basis, we only store your Personal Data while it remains necessary, or if the purpose of the processing could not reasonably be fulfilled by other means.
(12) If you are under the age of 16, we request that you obtain and provide parental consent before using our Subscription Services and Subscription Services as required by the GDPR. We reserve our right to verify your age and deny you access to our Subscription Services if you are under 16 years of age.
7. THE PERSONAL INFORMATION RIGHTS OF INDIVIDUALS UNDER THE GDPR
(1) If you are an individual residing in the EU, you have certain rights as to how your Personal Information is being controlled and used.
(2) We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:
(a) to be informed as to how your Personal Information is being used;
(b) to access your Personal Information and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Information in electronic format free of charge if requested);
(c) to rectify your Personal Information if it is inaccurate or incomplete;
(d) to erase your Personal Information (also known as 'the right to be forgotten') if you wish to delete or remove your Personal Information;
(e) to restrict processing of your Personal Information;
(f) to retain and reuse your Personal Information for your own purposes (Personal Information portability);
(g) to object to your Personal Information being used; and
(h) to object against automated decision making and profiling.
(3) You can contact us any time to exercise your rights under the GDPR including as to:
(a) request access to Personal Information that we hold about you;
(b) to correct any Personal Information that we hold about you;
(c) delete Personal Information that we hold about you; or
(d) opt out of emails, marketing, and any other push notifications that you receive from us.
We may ask you to verify your identity before acting on any of your requests.
If you have any questions about MyPhysique’s collection and storage of data, please contact us at email@example.com.
8. DISCLOSURE OF YOUR PERSONAL INFORMATION AND THIRD PARTIES WITH ACCESS TO IT
(3) We may share your Personal Information with third-party service providers to help us provide our Subscription Services, and to provide you with a payment platform. Our third-party service providers may be located outside of Australia or outside of the EU.
(5) We may from time to time need to disclose Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(6) 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 Subscriber databases, together with any Personal Information and non-Personal Information contained in those databases.
9. INTERNATIONAL DATA TRANSFERS
(1) We may store, process and transfer your data, including your Personal Information in countries other than the country you live in. Data transfer may occur in and between countries outside of Australia which may include but are not limited to the United States and Europe.
(2) We only employ third-party data processors that are compliant with the GDPR requirements and that have sufficient security measures in place to protect and safeguard your data.
(4) For individuals in the European Economic Area (EEA), your data will be stored and processed in Australia which provides an adequate level of data protection. This mean that your personal data will be transferred from the EEA to Australia.
(5) If your personal data is transferred from the EEA to a country or international organisation outside of Australia, we will ensure that we have approved transfer mechanisms in place to protect your Personal Information adequately (for example, by entering the European Commission’s Standard Contractual Clauses for data protection for data that is transferred internationally or ensuring the entity is Privacy Shield certified for data transfer to third parties based in the United States).
10. California Privacy Rights for Minors - The California Online Privacy Protection Act (CalOPPA)
(1) If you are a minor (under the age of 18 years) and a resident in California, you may contact us to request removal of any content or information you have posted through the use of our Services on the Website where you are a registered user.
(2) Only you as the minor may request removal or anonymisation of the content that you posted on our Website.
(3) The removal of the content may not ensure a complete or comprehensive removal of that content. To request removal of the content or information, you may contact us using the contact details provided below.
11. SECURITY OF YOUR PERSONAL INFORMATION
(1) We are committed to ensuring that the data you provide to us is secure.
(2) To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, such as encryption of Personal Information, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
12. ACCESS TO AND HOW YOU CAN CONTROL YOUR PERSONAL INFORMATION
(1) You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth).
(2) If you would like a copy of your data or believe that your data is inaccurate, out of date, incomplete, or irrelevant, please contact us as firstname.lastname@example.org.
13. THIRD-PARTY TOOLS AND COOKIES
(1) We use technologies and third-party subscription services that use Google Analytics, pixels, tags and web beacons (code snippets) on our Subscription Services to improve user experience, the supply of our Subscription Services and to analyse how our Subscription Services is used.
(2) The information collected is mostly anonymous traffic data aside from the approximate location (IP address) and may include browser type, device information, and language. The information collection is in aggregate form so that it cannot identify any individual user and provides an overview of how people use our Subscription Services. It is not used for any additional purpose.
Our Subscription Services may from time to time have links to other sites not owned or controlled by us. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. MyPhysique is not responsible for the privacy practices of other such sites.
15. COMPLAINTS ABOUT PRIVACY
If you have any complaints about our privacy practices, please contact us. We take privacy seriously and will respond promptly to your notice.
17. HOW TO CONTACT US
(1) This Website is owned and operated by MyPhysique Pty Ltd (ACN 622 547 291).
(2) Subscriber can contact us by using the contact details on our Website or by email at the following address: email@example.com.
© 2019. MyPhysique Pty Ltd. All Rights Reserved.
Terms last updated 29 April 2019.
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