We are committed to treating the personal information we collect in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth.) (the Privacy Act). This Privacy Policy sets out how we handle personal information provided to us, or otherwise collected by us when providing our legal services to you (Services) or when otherwise interacting with you.

In this Privacy Policy, “Aether Gym”, “we”, “us”, “our” refers to AetherStrong Pty Ltd (ACN 609 507 833).

The information we collect

The types of personal information we may collect about you include:

  • Identity Data including first name, middle name, last name, maiden name, title, date of birth, gender, photographic identification.

  • Contact Data including billing address, delivery address, email address and telephone numbers.

  • Financial Data including bank account and payment card details (through our third-party payment processor, Stripe).

  • Transaction Data including details about payments to you from us and from you to us and other details of services you have purchased from us.

  • Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

  • Profile Data including your username and password for Everfit, services you have requested from us, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.

  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

  • Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.

  • Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We will only collect sensitive information with your consent.

How we collect personal information

We collect personal information in a variety of ways, including:

  • Directly: We collect personal information which you directly provide to us, including through the ‘contact us’ form on our website, when you sign up to our services, request legal services, subscribe to our marketing publications or when you request our assistance via email, through Prism or over the telephone.

  • Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website or Prism, in emails, over the telephone and in your online enquiries.

  • From third parties: We collect personal information from third parties, such from our members when conducting a conflict check, details you have provided to recruitment businesses or third-party job application sites with the intention that they supply such data to us for recruitment purposes and details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

If you give us personal information about other people, we rely on you to inform those people that you’re sharing their information with us. We also expect you to let them know about this Privacy Policy and how they can find a copy of it. Lastly, make sure you have authority to share their information with us.

Why we collect, hold, use and disclose personal information

We may collect, hold, use and transfer personal information for the following purposes:

  • to enable you to access and use our website, Everfit and other associated platforms and social media platforms;

  • to onboard you as a client;

  • to provide you with our Services including training and nutrition advice;

  • to provide and improve our products and services;

  • to contact and communicate with you;

  • for internal record keeping, administrative, invoicing and billing purposes;

  • for analytics (including profiling on our website), market research and business development, including to operate and improve our website, services, Everfit and associated social media platforms;

  • for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;

  • to manage your participation in any of our events that you register for;

  • where you have applied for employment or contracting with us, to consider your application to work with us and conduct any pre-employment reference checks and to send you information about future job opportunities that we consider may be of interest to you;

  • for business purposes including any proposed acquisition, disposal, merger or similar of our business or entering into a joint venture, collaboration or referral arrangement; and

  • to comply with our legal obligations.

Our disclosures of personal information to third parties

We may disclose personal information to:

  • our employees, contractors and/or related entities;

  • IT service providers, data storage, web-hosting and server providers such as Amazon Web Services and Google;

  • third party contractors, technology service providers and suppliers that assist us with providing our business processes, products and services. This may include artificial intelligence models;

  • marketing or advertising providers such as Google, Facebook and Bing;

  • third parties involved in hosting or organising events or seminars;

  • our talent management software application, that assists us with our recruitment process;

  • payment systems operators such as Stripe;

  • our existing or potential agents or business partners;

  • third parties as part of an actual or proposed acquisition, disposal, merger or similar of our business or entering into a joint venture, collaboration or referral arrangement;

  • courts, tribunals and regulatory authorities, in the event you fail to pay for services we have provided to you;

  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

  • third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Mouseflow or other relevant analytics businesses; and

  • any other third parties as required or permitted by law.

Google Analytics: We may have enabled Google Analytics Advertising Features including remarketing features and advertising reporting features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here.  To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles contained in the Privacy Act.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may vary this Privacy Policy due to changes in our privacy practices or changes in the law, regulations and/or professional standards. We will publish the amended Privacy Policy on our website.

For any questions or notices, please contact us at:

AetherStrong Pty Ltd (ACN 609 507 833)

Email: benjamin@aethergym.com

Last update: 4 December 2023.