(a) This is the Privacy Statement relating to the TrainStop Websites.
(b) In this Privacy Statement:
(i) Client means a client of Ours who acquires or uses Our products and services, including the Platform, the Program and Content, including via the Websites;
(ii) Content means the physical exercise, nutrient, health and wellbeing, and related information contained in videos of approximately 15 minutes duration and any associated documentation forming part of the Program which We make available to Clients and Registered Users through the Website;
(iii) Platform means that part of the Trainstop Website through which Registered Users participate in the Program and gain access to Content;
(iv) Program means the program of health and wellness services provided by Us to Clients and Registered Users via the Platform and includes the provision of Content;
(v) Registered User means any person authorised by a Client to access and use Our products and services and which We have approved to use the Platform, the Program and the Content;
(vi) TrainStop “Us”, “We” or “Our” means TrainStop Corporation Pty Ltd (ACN 645 280 682) and each of its related bodies corporate, any of their respective employees or any person contributing to the Websites;
(vii) Websites means the TrainStop Website with the url: https://trainstop.com.au/ and includes the Platform and the websites and web portals linked to or able to be accessed from the TrainStop Website, including those of TrainStop related bodies corporate that is able to be accessed by You, Clients and Registered Users in the course of and for the purposes of You, Clients and Registered Users using Our products and services, including the Platform, the Program and the Content;
(viii) You or Your means the person accessing the Websites, your agents and your and their employers and each of their related bodies corporate, and any of their respective employees and where the context requires or permits, includes Clients and Registered Users and their respective agents and employees and those of each of their respective related bodies corporate;
(ix) Your Personal Information includes the Personal Information of a Client or a Registered User that You disclose to Us or which a third party (such as a Client or a Registered User) has disclosed to Us, including Personal Information about You.
(c) We understand the importance of protecting Your Personal Information and We are committed to the protection of Your Personal Information.
(d) This Privacy Statement describes how We collect and use Your Personal Information, who We share it with, and Your choices and rights in relation to Your Personal Information. It applies to Personal Information that We collect from You during Your interactions with Us, whether online, including through the Websites (including mobile sites and mobile applications) and social media sites (the Websites and social media sites collectively are referred to as Sites), that link to this Privacy Statement, in writing or orally, or personal data that We may collect offline or receive from third parties.
(e) This Privacy Statement applies in general terms to the collection, storage, use and disclosure by Us of Your Personal Information, and to how You may access Your Personal Information kept by Us or complain about a suspected privacy breach.
2. What Personal Information do We collect?
(a) We collect and use Personal Information from You, Clients, Registered Users, advertisers, users or visitors of the Sites, or any other individual who interacts with, including information or opinions which are reasonably capable of identifying individuals, whether or not such information is true or recorded in a material form (Personal Information). The type of Personal Information that We collect and use depends on the type of dealings that You, Clients and Registered Users have with Us and includes the following non-exhaustive list:
(i) full name;
(ii) mobile and telephone number;
(iii) email and postal address;
(v) date of birth;
(vi) information about the products or services You have used or the products and services the Clients and Registered Users have used;
(vii) information from enquiries You, Clients and Registered Users have made with Us;
(viii) Your preferences about Our products and services;
(ix) the content of any communications between You, Clients and Registered Users and Us;
(x) the results You and Registered Users have achieved in undertaking or engaging in the Program and utilising the Content;
(xi) log-in and account information for authentication purposes and account access;
(xii) any other Personal Information provided by You, Clients and Registered Users to Us when making an enquiry or subscribing to Our products, services and/or the Sites.
(b) We may also collect other information that does not personally identify You. Such other information includes browser and device information, website and application usage data, IP addresses, demographic information such as marketing preferences, geographic location, primary language, and information collected through cookies and other technologies or information that has been anonymised or aggregated. If We link this information with Your Personal Information, We will treat that linked information as Personal Information.
(c) You can choose not to provide Personal Information to Us when requested. However, if this is necessary to provide You with access to Our Sites or Our products and services, access to Our Sites, or to perform administrative functions, We may be unable to do these things.
3. How do We collect Personal Information?
(a) We collect Personal Information about You in a number of ways, including:
(i) directly from You when You:
A. order products or services from Us or otherwise contract with Us;
B. as a Registered User in undertaking or engaging in the Program and utilising the Content;
C. visit our Sites or submit information through Our Sites (for example, when You complete a contact form on the Sites);
D. contact Us with a query or request information about Our products or services, or provide feedback;
E. participate in surveys, promotions or competitions
F. change Your content or email preferences;
G. when You register for Our events, workshops and seminars or subscribe to Our mailing lists and newsletters; or
H. when You contact Us by telephone, facsimile, email, post or in person;
(ii) from third parties (including related bodies corporate, Clients, business partners service providers, merchants, Registered Users, employees, contractors, suppliers, consumers, and other users of the Sites);
(iii) from publicly available sources of information (including, but not limited to, social media sites, public databases, third parties that provide list enhancement or similar services); and
(iv) when otherwise legally authorised or required to do so by law.
4. How do We use Your Personal Information?
(a) We use Your Personal Information for the purposes for which the information is collected.
(b) We use Your Personal Information in order to allow Us to conduct Our business functions and to provide Our products, services and Sites to You and to monitor Your use as a Registered User of the Platform, the Program and the Content. We also use it to improve or develop Our products, services and Sites, to operate, maintain, test and upgrade Our systems and to notify You of opportunities that We think You might be interested in.
(c) We may provide Your Personal Information to the Client who has authorised You to be a Registered User.
(d) We may provide Your Personal Information to Our related bodies corporate, business partners, service providers, sponsors, third party contractors, agents or suppliers and authorised third party service providers who perform functions on Our behalf, such as marketing and analysis organisations, hosting companies, Web developers, internet service providers, telecommunication providers, fulfilment companies, external business advisors (such as auditors and lawyers), research and data analysis firms, debt collectors and insurers (Partners and Affiliates). In all circumstances where Your Personal Information is disclosed, We will ensure that these third parties undertake to protect Your privacy.
(e) We may also use Your Personal Information to:
(i) market, provide or deliver Our products or services to You;
(ii) provide or deliver Our products and services to a Client ;
(iii) administer and manage Our products and services, including the Platform, the Program and the Content;
(iv) perform administrative and business functions and internal reporting;
(v) inform You about Our Sites, products, services, special offers, competitions, promotions, questionnaires or surveys or other matters which We believe may be of interest to You;
(vi) obtain feedback from You about Our Sites, products and services;
(vii) help Us research the needs of Clients and Registered Users;
(viii) conduct research for the purposes of improving Our existing products and services or creating new products and services;
(ix) personalise and customise Your experience on the Sites;
(x) allow Us to provide third party information and offers which We believe You may be interested in;
(xi) charge and bill You for the use of Our products and services;
(xii) provide You with a more personalised experience when You interact with Us;
(xiii) enable You to subscribe to Our newsletters and mailing lists;
(xiv) enable You to register for Our events, workshops and seminars;
(xv) assess the performance of the Sites and to improve their operation;
(xvi) customise the advertising and content on Our Sites and to contact You about special deals;
(xvii) share with Partners and Affiliates;
(xviii) verify Your identity;
(xix) update Our records and keep contact details up to date;
(xx) meet our regulatory or other legal requirements;
(xxi) achieve Our business purposes and analyse information, for example, to:
A. establish, manage, and maintain Our business relationship with You;
B. compile usage statistics for Our Sites;
C. process and respond to privacy requests, questions, concerns and complaints; and
D. fulfil legal and contractual obligations; and
(xxii) achieve any other purpose communicated to You at the time that Your Personal Information was collected or for which You provided Your consent.
(f) We may use Your Personal Information for a secondary purpose if that secondary purpose is related to the other purposes in this clause 4, if We have Your consent or if otherwise permitted under the Privacy Act 1988 (Cth).
(g) We may disclose Personal Information to a Partner and Affiliate and they may in turn provide Us with Personal Information collected from You.
(h) We engage in these activities to manage Our contractual relationship with You, to comply with Our legal obligations, or for Our legitimate business interests.
(i) In some circumstances We may receive Personal Information that We have not requested. If this occurs, We will comply with our obligations under the Privacy Act 1988 (Cth). You acknowledge that We may de-identify and/or destroy this information unless We are required to keep it by law.
(a) Except when You are dealing with Us in Your capacity as a Registered User, You have the option to deal with Us anonymously or by using a pseudonym. However You acknowledge that where this is impractical (for example when You contract with Us) or where the law or a court order provides otherwise, We are not required to provide these options to You.
(b) If You choose not to provide Your Personal Information to Us, We may not be able to undertake certain activities for You such as providing You with requested information, products or services.
6. When do We disclose Your Personal Information?
(c) Our Site may allow You to publish and display content and information which is made available and accessible to other users of the Sites.
(d) We may disclose any information, including Personal Information, We deem necessary, in Our sole discretion:
(i) to Our shareholders, officers and employees and those of Our related bodies corporate;
(ii) to Our Partners and Affiliates to perform functions consistent with Our Privacy Statement on Our behalf;
(iii) to third party providers of services with whom We have commercial relationships;
(iv) with service providers to provide operational services or facilitate transactions on Our behalf, including but not limited to results achieved by Clients and Registered Users in undertaking or engaging in the Program and utilising the Content, Client and Registered User support, email delivery, data analytics and auditing;
(v) where You consent to the sharing of Your Personal Information;
(vi) in connection with, any joint venture, merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our businesses by or to another company;
(vii) for other legal reasons;
(viii) to law enforcement bodies or regulatory authorities to assist with their functions, courts of law or as otherwise required or authorised by law.
(c) We may also share non-personal, de-identified and aggregated information for research or promotional purposes. We do not sell or trade Personal Information, however, We may disclose Personal Information to a Partner and Affiliate and they may in turn provide Us with Personal Information collected from You.
7. Direct Marketing
(a) Where We have Your express or implied consent, or where We are otherwise permitted by law, We may use Your Personal Information to send You direct marketing communications about the products and services We offer, as well as other information. We may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on Our Sites.
(b) You may opt out of receiving direct marketing material from Us at any time and manage Your communication preferences by:
(i) following the unsubscribe instructions included in each marketing email or SMS text message from Us; or
(ii) sending an email to firstname.lastname@example.org,
including Your details and a description of the marketing material You no longer wish to receive from Us. We will comply with Your request as soon as is reasonably practicable.
(c) If You opt out of receiving marketing related communications from Us, We may still send You administrative messages as part of Your ongoing use of Our products and services, which You will be unable to opt out of.
8. Our Sites
(a) When You visit Our Sites, Our systems may record certain information about Your use of Our Sites (such as which Web pages You visit and the time and date of Your visit). We use this information to help analyse and improve the performance of Our Sites.
(b) In addition, We may use “cookies” on Our Sites. Cookies are small text files that help a web site to remember Your preferences and improve Your experience of using that Site. Using cookies is standard practice for most large websites. In some cases, the cookies that We use may collect some Personal Information about You. We will treat this information in the same way as other Personal Information We collect about You. If You prefer, You may be able to disable cookies on Your internet browser. However, if You do so, You will not be able to enjoy the enhanced user experience that Our cookies offer. Please refer to Our Cookies Statement [insert url].
(c) Web beacons are images that originate from a third party site to track visitor activities. We may use web beacons to track the visiting patterns and browsing habits of individuals accessing Our Sites and to collect aggregate data in order for Us and our Partners and Affiliates to administer the Sites and improve their performance. This information is not intended to and will generally not include any Personal Information, and We will not use the information to identify any individual.
(d) We may also collect Internet Protocol (IP) addresses relating to You when You access and use the Sites. IP addresses are assigned to computers on the internet to uniquely identify them within the global network of computers which makes up the internet. We may collect and manage IP addresses for internet session management and security purposes.
9. Third party websites and advertising
(a) Our Sites may contain links to other websites.
(b) We may use Google and/or other third-party service providers to serve advertisements on Our behalf across the Internet and sometimes on our Sites. They may collect anonymous information about Your visits to our Sites (not including Your name, address, email address or telephone number), and Your interaction with Our products and services. They may also use information about Your visits to the Sites and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to You.
(c) We are not responsible for the privacy practices or the content of such other websites and We make no representations or warranties in relation to the privacy practices or content of any third party websites and applications. We encourage Our users to read the privacy statements of each and every website they visit.
(d) This Privacy Statement applies solely to information collected by Us through Our Sites and does not apply to these third-party websites. The ability to access information of third-parties from Our Sites, or links to other websites or locations, is for Your convenience and does not signify Our endorsement of such third-parties, their products, their services, other websites or their content.
10. Cross border transfers
(a) We may transfer Your Personal Information to countries where We do business, to Our Partners and Affiliates and entities in which We have an ownership interest which are located in countries other than the one in which You are located and to other international organisations in connection with the purposes identified in this Privacy Statement and in accordance with this Privacy Statement.
(b) It is possible that such entities may be subject to foreign laws that do not provide the same level of protection of Personal Information as in the country in which You are located. We take steps to ensure that these overseas entities are obliged to protect the privacy and security of Your Personal Information and use it only for the purpose for which it is disclosed.
(c) The following provisions apply to individuals in the European Economic Area (the EEA) or Switzerland.
(d) Where We transfer Your Personal Information from a location within the EEA or Switzerland to a country or international organisation outside the EEA or Switzerland and that country or international organisation does not provide a level of protection for Personal Information which the European Commission (Commission) deems adequate, We use and adhere to the standard contractual clauses (SCCs) approved by the Commission to legitimately transfer Personal Information. You may obtain a copy of these measures by contacting Us in accordance with the “How to contact Us” section below.
(e) We adhere to applicable data protection laws in the EEA, which provide You with certain rights relating to Your Personal Information (if You are an EU individual), subject to any legal exceptions. Your rights include:
(i) the right to access the Personal Information that We hold about You;
(ii) the right to rectify inaccurate Personal Information We hold about You without undue delay, and taking into account the purposes of the processing, to have incomplete Personal Information about You completed;
(iii) the right to ask Us to erase Your Personal Information (the right to be forgotten) without undue delay in certain circumstances;
(iv) the right to restrict the processing of Your Personal Information in certain circumstances;
(v) the right to receive Your Personal Information from Us in a structured, commonly used and machine readable format and to transmit Your Personal Information to a third party without obstruction (right to data portability) in certain circumstances;
(vi) where We process Personal Information based on Your consent, You have the right to withdraw Your consent at any time for future processing;
(vii) where We process Your Personal Information based upon Our legitimate interests or those of a third party, You have the right to object to the processing of Your Personal Information at any time (including to any profiling);
(viii) where We process Your Personal Information for direct marketing purposes, You have the right to object to processing of Your Personal Information at any time, including profiling to the extent that it is related to such direct marketing;
(ix) the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning You or similarly significantly affects You;
(f) We will consider such requests and respond to You within 30 days. We may require verification of Your identity before providing a copy of Your Personal Information, as permitted by law.
(g) You may lodge a complaint with a data protection supervisory authority if You believe that Your data protection rights relating to Your Personal Information have been breached by Us or that Your Personal Information has been compromised in some way. However, We recommend that You contact Us before doing so as We may be able to resolve any issues with You directly in a more efficient manner. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
(h) You may contact Us with requests, complaints or questions regarding these rights as set forth in the “How to contact Us” section, below.
(i) Similarly, individuals in countries outside of the EEA and Switzerland may exercise their rights under any applicable data protection laws by contacting Us in accordance with the “How to contact Us” section, below.
11. Security and storage
(a) Your Personal Information may be stored in storage facilities (owned and operated either by Us or Our services providers) in hard copy or electronic format. We will use Our reasonable endeavours to store Your Personal Information securely and to make Our Sites and storage facilities as secure as possible against unauthorised access.
(b) We will use Our commercially reasonable endeavours to protect and maintain the security of Your Personal Information, including by restricting physical access to Our premises, implementing firewalls and secure databases, implementing rights management processes and complying with relevant data security standards. Our officers, employees, agents and third party contractors are expected to observe the confidentiality of Your Personal Information.
(c) Despite Our commercially reasonable endeavours, We are unable to ensure or warrant the security of any Personal Information transmitted to Us via the internet. Accordingly, all Personal Information disclosed by You to Us is at Your own risk and We are not liable for any unauthorised access to and disclosures of the Personal Information.
(d) If We determine that Personal Information is no longer needed for any purpose, We will take commercially reasonable steps to destroy or permanently de-identify that Personal Information, unless We are required by law or a court or tribunal to retain the information.
12. Access to Your Personal Information
(a) We will use Our commercially reasonable endeavours to keep Your Personal Information that We collect accurate, up-to-date and complete. If You find that the Personal Information We hold about You is inaccurate, incomplete or out-of-date, please contact Us immediately (Our contact details are set out below) and We will take reasonable steps to ensure that it is corrected.
(b) Subject to some exceptions provided by law, You have the right to access Your Personal Information. If You wish to access or change Personal Information which We have collected about You, We require You to put Your request in writing to Us. Proof of identity may be required before such information will be provided. If We do not allow You access to any part of the Personal Information We hold about You, We will tell You why. Reasons for not allowing You access may include because it may unreasonably impact upon the privacy of others or it is not otherwise required by the Australian Privacy Principles or law. We will not charge You for lodging a request to access Your Personal Information, but We may charge You for Our reasonable costs in supplying You with access to this information.
13. Retaining Your Personal Information
(a) We will retain Your Personal Information for as long as is necessary to fulfil the purpose for which it was collected unless a longer retention period is required or permitted by law or to comply with legal obligations, resolve disputes, protect Our assets, or enforce agreements. The criteria We use to determine retention periods include whether:
(i) We are under a legal, contractual or other obligation to retain Personal Information, or as part of an investigation or for litigation purposes;
(ii) Personal Information is needed to maintain accurate business and financial records;
(iii) there are automated means to enable You to access and delete Your Personal Information at any time;
(iv) the Personal Information is sensitive personal data in which event We will generally retain this for a shorter period of time;
(v) You have consented to Us retaining Your Personal Information for a longer retention period, in which case, We will retain Your Personal Information in line with Your consent.
(b) Where We no longer need to keep Your Personal Information in accordance with clause 13(a), We will take reasonable steps to destroy or de-identify Your Personal Information.
(c) If You wish to have Your Personal Information destroyed or de-identified, please let Us know and We will take reasonable steps to do so (unless We need to keep it for legal, auditing or internal risk management reasons).
14. How to contact Us
(a) If You would like to access the Personal Information that We hold about You, have any questions in relation to this Privacy Statement or have a complaint, You can contact Us in any of the following ways:
(i) through the Website, by clicking on the Contact Us button. You may then send Us an email; or
(ii) by e-mail: email@example.com.
(b) We take all privacy complaints seriously and We will investigate Your complaint in a confidential manner and You will be informed of the outcome of the investigation within a reasonable period of time.
15. Changes to Our Privacy Statement
(a) We may, in Our sole discretion, amend or update this Privacy Statement from time to time. If We do, We will update the “last modified” section at the bottom of this Privacy Statement. The current version of Our Privacy Statement will be posted on Our Sites and a copy may be obtained from Our Privacy Officer, and any changes will be effective when posted on, or via, the Sites.
(b) All Personal Information held by Us will be governed by the updated version of Our Privacy Statement.
(c) Your continued use of or access to Our products, services or the Sites following any such amendment will be confirmation of Your acceptance of the amendments. We reserve the right to modify this Privacy Statement at any time, so please review it frequently.
16. More information
You can find out more information about the Privacy Act 1988 (Cth) and the Australian Privacy Principles from the Office of the Australian Information Commissioner. The Australian Information Commissioner may be contacted at www.oaic.gov.au
email – firstname.lastname@example.org
Last modified: Oct 30th 2020