1. INTRODUCTION TO PRIVACY POLICY
The Company is committed to maintaining the confidentiality, integrity and security of any Personal Information (as
defined below) about Company's End-Users. To demonstrate Company's commitment to protecting Your privacy,
Company has developed this privacy policy (“Privacy Policy”), which describes how Company will collect, use,
disclose and protect Your Personal Information through the Product.
(a) LICENSE AGREEMENT AND END USER LICENCE AGREEMENT
This Privacy Policy as well as Company's Product License Agreement and End User License Agreement (“License
Agreements”) govern Your access and use of the Product, as owned and operated by the Company, a corporation
having its registered address at
10/25 Devitt St, Narrabeen, 2101, Australia.
(referred to in these Terms as the “Company”). Terms capitalized but not defined in this Privacy Policy have the
meanings set out in the License Agreement. “You”, “Your” and “Yours” refers to you, the End-User, as defined in the
License Agreement.
(b) CONSENT AND AGREEMENT TO BE BOUND
(i) CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the Product You agree to all the terms and
conditions of this Privacy Policy and the License Agreement and which are incorporated here by reference. If You do
not agree to all the terms and conditions of this Privacy Policy and the License Agreement, please do not use the
Product.
(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH THE
Digital Distribution Platform
. There are certain types of device data that the Product cannot access without Your consent. The various
application marketplace platforms that Company serves the Product through will notify You the first time the
Product requires permission to access certain types of data and will let You decide to consent to that request. You
further agree to abide by all the terms in the
Digital Distribution Platform
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end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as
such agreement does not conflict with the terms herein or the License Agreement.
(iii) CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the
amendment provision set out in the License Agreements, and in accordance with the amendment requirements set
out therein, Company will provide written notice to inform You and will obtain consent from You for any new
purposes not previously identified.
(iv) PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data in accordance with
the user data update and verification provisions set out in the section of this Privacy Policy entitled [“3. Data
Management”. (NTD: INSERT HYPERLINK)]
(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US
(i) SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product, You consent to the collection, use
and disclosure of Your Personal Information by Company in the manner described in this Privacy Policy. You may
always opt not to disclose certain Personal Information, but which may restrict access to certain features of the
Product. For example, Your name and email address are necessary to complete the registration process. At any time
after registration, You may opt out of most email communication from Company by clicking on the opt-out link at the
bottom of Company's emails, or by contacting Company at the contact details listed above. However, Company may
still contact You for administrative purposes. Withdrawing consent will not apply to actions the Company has
already taken based on Your prior consent.
(ii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to
receive emails from the Product for administrative or technical issues and You may occasionally receive the
Company newsletters.
a. COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that Company believes that the security of
Your Personal Information in Company's possession or control may have been compromised and creates a real risk
of significant harm to You, or if Company believes that a notification is appropriate, Company may seek to notify You
of that development, pursuant to both Company's desire to keep You informed and Company's legal requirement to
do so. If a notification is appropriate, Company may notify You by the email address registered to Your account.
Additional details on a Data Breach can be found in the in the section of this Privacy Policy entitled “3. Data
Management”.
b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send email messages to
customers requesting confidential information such as passwords, credit card numbers, or social security or social
insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by
replying or by following links to a fraudulent website.
(d) AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCE WITH LAW. The
Company may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the
amendment provisions set out in the License Agreement. The use of the information Company collects at any given
point is subject to the Privacy Policy in effect at the time of collection. If Company makes any material changes
Company will notify You by email or by means of notice on the Product prior to the change becoming effective.
Company will post the most current Privacy Policy on the Product, and Your use of the Product is subject to the
most current Privacy Policy as posted on the Product at any time.
(i) Company's PERIODIC REVIEW. Company will perform a periodic and timely review to ensure that Company's
Privacy Policy is compliant with Applicable Laws.
(ii) YOUR PERIODIC REVIEW. Company encourages You to periodically check Company’s Privacy Policy for the latest
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information on Company's current policy.
(e) DISCLAIMER
IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR
COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE
PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT
ANY TIME AND IN COMPANY'S SOLE DISCRETION. COMPANY'S PRIVACY POLICY DOES NOT COVER THE
INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE COMPANY'S SERVICES,
AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT
ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY PROVISION AND DISCLAIMER (NTD: INSERT
HYPERLINK)], AND [PROHIBITED USE REQUIREMENTS CONTAINED IN THE PRODUCT LICENSE (NTD: INSERT
HYPERLINK)].
(f) MISCELLANEOUS
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only
that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy
Policy.
(g) CONTACT INFORMATION
If You have questions or concerns regarding Company's policy or practices, please contact Company's privacy
officer by email at
rowan@summitstrength.com.au
or at the following address:
10/25 Devitt St, NSW, Australia
(h) EFFECTIVE DATE.
This Privacy Policy is effective as of the Effective Data as defined in the License Agreements.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION
(a) DISCLOSURE OF COLLECTION
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Within this section of the Privacy Policy, Company will provide You with notice that Your information is being
collected when You first sign in to the Product. In the section of this Privacy Policy entitled “3. Data Management”,
Company will be describing the manner in the section of this Privacy Policy entitled “4. Data Usage”, You will also be
notified about the nature for which the data will be used, how Company processes the data, and how Company
works with third party service providers who will assist Company to process the data.
(b) COLLECTION OF PERSONAL INFORMATION
When You use the Product, Company stores certain information about Your device and Your activities that You
provide to Company and that Company automatically collects, including:
(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal
information (“Personal Information”): first and last name, email address and photograph if You supply one to
Company as Your personal avatar;
(ii) TECHNICAL INFORMATION: technical information about Your device such as the type of device, OS version,
location, other browser information (e.g., size, connection speed and connection type;
(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and
determine automatically through Cookies and traffic data as described below;
(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language,
etc.), as well as content and usage preferences (collectively, the “User Preferences”); and
(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share to Company's
Product which includes Company's Social Media Services.
(c) METHODS OF COLLECTION
We may collect electronic information from You from the following sources:
(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. You
may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product
from the Digital Distributor, using Your electronic device. As part of this registration, Company will require that You
submit certain information that is relevant to the purposes of the Product.
(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as
Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages
and/or locations that are related to Company's Product, Company may receive information from such Social Media,
in which case Company may collect and store information identifying Your account with the Social Media Services;
(iii) COLLECTED THROUGH Company's COMMUNICATIONS WITH YOU: via email or through the Product, through
messages or transaction information relating to Your use of the Product, through other End-User-generated content
provided to Company in the normal course of Your use of the Product, including but not limited to communications
related to registration, evaluations, internal surveys, feedback information, usage information, correspondence with
Company through technical support tools and/or email, by and Traffic Data (as described within this Privacy Policy);
(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and store information
(including Personal Information) locally on Your device using mechanisms such as Product data caches,
“Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-
User's device for record-keeping purposes that track where You travel on the Product and what You look at, on single
sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default
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by most Products, it may be possible to disable Cookies via Your settings), and through "traffic data" which collects
the, route and destination of users and information on and through Company's Product, as well as cookies that are
stored temporarily on Your device.
(d) PROCESSING OF COLLECTED INFORMATION
In the section of this Privacy Policy entitled [“4. Data Usage” (NTD: INSERT HYPERLINK)], You will also be notified
about the nature for which the data will be used, how Company processes the data, and how Company works with
third party service providers who will assist Company to process the data.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
3. DATA MANAGEMENT
(a) VALIDATION AND CHANGES TO OF Company's END USER-INFORMATION
(i) VALIDATION: Company will validate the Personal Information to the best of its ability. Company will validate
Personal Information wherever possible and any discrepancies discovered shall be corrected.
(ii) CLIENTS COLLECTING INFORMATION ON BEHALF OF THEIR END-USERS. If Company is collecting the data on
behalf of Company's client, Company will work with the Client to ensure that processes will be put in place to ensure
that end users are given the chance to review and correct any data issues.
(iii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal
Information You enter into Company's system is as accurate, complete and up-to-date as necessary for the
purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review
or update Your Personal Information by submitting a request to review or update Your Personal Information to
rowan@summitstrength.com.au
indicating that You are requesting such review or update, subject to the identity verification process set out below,
and with the understanding that the Company may make changes to Your Personal Information to meet the
technological requirements of Company's networks and media. Unless required to comply by law, Company may
reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk
the privacy of others, or would be extremely impractical. Where Company can provide information access and
correction, and when required by law, Company will do so for free.
(iv) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the
365
days after Your License Agreements with Company have been terminated or the maximum time period allowed by
Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End
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User may request a copy of all of the End-User’s User Data from the Product. After the Personal Information Removal
Date, or upon Your specific request to
rowan@summitstrength.com.au
to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable
period, unless:
(a) INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to
temporarily persist in Company's system-wide business recovery back-ups (if any) until such time as the systemwide
business recovery backup is deleted and replaced with data that does not include data collected during Your
agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up
of Your own data is Your responsibility; or
(b) INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily
persist to the extent that such information is required to be retained for compliance with Applicable Law (for
example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with
legal obligations) and until such time as such information is no longer required for this purpose, however, You
acknowledge that recovery of data is not permitted by You from within this system under these circumstances
unless Company is required and compelled to do so by law, and in such event, at Your sole expense.
(v) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal
Information, Company may ask You to verify Your identity before Company can act on Your request.
(vi) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User privacy preferences. There
preferences will be tracked in the database and attached to Your End-User records. If the preferences are changes,
the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage
and use of Your Personal Information will be also be recorded for the purposes of an audit log for consent.
(b) STORAGE AND RETENTION
(i) DATA RETENTION:
a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Company for an
indefinite period however, this does not constitute a guarantee that Company will keep the data indefinitely. This
data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.
b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as
defined above), with such deletion to be initiated by Company or by the User, in the manner described above in the
section entitled “Removal of Personal Information By Company or by You.”
c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and provide to You by law,
[You should have no expectation of data retention whatsoever. From time to time the Company will create a backup
of all data in the Company’s system. This backup is for use by the Company only in the case of disaster recovery or
to maintain business operations in the case of an emergency. No data will be backed up (except for such disaster
recovery purposes and Company's internally usage). Backing up of Your own data is Your responsibility.] // OR [The
Company runs a periodic backup of End User’s User Data and may store the End-User’s User Data as long as the
End-User’s account is current and active until expiry of the Data Retention Period.]. DATA RESTORES: The
Company will not restore data unless it is available and then only if the Company determines, in its sole discretion
that a data recovery is necessary.
d. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule as required by
Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled
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“Removal of Personal Information By Company or By You.”
(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security related concern, please
contact Company at the contact details provided above. Company will work closely with You to ensure a quick and
personal response to Your concerns. In addition, Company restricts unauthorized access through protective policies,
procedures, and technical measures, including:
a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your
End-User name and password information in accordance with the License Agreement.
b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the
storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the License
Agreements, You understand that in order for the Company to operate the Product, End-User Data may be
transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that
no such data transmission can be guaranteed to be completely secure, and that, beyond Company's requirements to
provide a warranty on information security [as required by law or in accordance with the security protocols agreed to
by the parties hereto in writing], Company cannot warrant the security of any information You transmit to us, and that
You do so at Your own risk.
c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the
storage locations of the data, or access to a storage location by an individual that is potentially suspected of having
performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the
breach creates a real risk of significant harm to the end-users, the End-User will be notified in the manner as required
by law, and all details regarding the impact to the End-User will be shared.
NAVIGATION
1. Introduction
2. Consent to entrance into this agreement as well as the Data Collection that result
2. Data Collection
3. Data Management
4. Data Usage
5. List of Third Party Processors
4. DATA USAGE SCHEDULE TO THE PRODUCT LICENSE AGREEMENT
(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose Personal Information
other than the purposes identified below (individually and collectively, the “Purpose”):
(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support,
administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
(ii) TO IMPROVE Company's PRODUCT: To fulfill Your requests or Company's product roadmap for certain features
of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user
movements on the Product, gathering demographic statistics about Company's user base as a whole, and to assist
Company to measure Company’s performance and effectiveness of Company’s content, and to share Company's
performance information with others;
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(iii) TO IMPROVE Company's CONTENT: Company may post Your social media content, testimonials, and other
information provided by you;
(iv) TO FULFIL Company's BUSINESS GOALS: to directly or indirectly offer or provide You with products and services
that are based on Company's analysis of Your needs as determined by Company's analytics and the analytics of
Company's third-party processors, unless You opt out;
(v) TO ENABLE Company's COLLABORATORS TO FULFIL THEIR Company's BUSINESS GOALS: Where a third party to
this Privacy Policy directly or indirectly provides the Company with the ability to provide the Product to You,
Company may supply Personal Information to such Third Party in exchange for fulfilling Company's Purpose and
providing corresponding value to the third party, and such third parties are listed in Section 5 of this Privacy Policy
entitled “List of Third Party Processors”;
(vi) IN THE EVENT OF AN ACQUISITION OF Company's COMPANY. In the event that the Company, or all or a portion
of Company's business, or one or more of its divisions, is acquired by one or more third parties as a result of an
acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal
Information shall be one of the transferred assets. To the extent that Company is required to do so by law, You will
be notified of any changes in ownership or uses of Your Personal Information.
(vii) TO ENABLE Company's PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO FULFIL THEIR
BUSINESS GOALS: Company may share information from or about You with subsidiaries, joint ventures, or other
companies under common control, in which case Company will require them to honor this Privacy Policy.
(viii) TO ENFORCE Company's LICENSE AGREEMENTS AND TO COMPLY WITH LAW: (1) to enforce Company's rights
against You or in connection with a breach by You of this Privacy Policy or the License Agreement; (2) to investigate
or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, Company's
users, or others; (3) to prevent prohibited or illegal activities; (4) to prevent situations involving potential threats to
the physical safety of any person; or (5) when required by any applicable law, rule, regulation, subpoena, or other
legal process.
[(ix) TO PROCESS PAYMENTS: To use certain services on the Product, Company may require debit or credit card
account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information
through the Product, You expressly consent to sharing of Your information with third-party payment processors and
other third-party service providers.]
(x) And to fulfill other purposes related to Company's Product, subject to Your explicit consent if consent is required
by law.
(b) USE OF COOKIES AND USAGE DATA: Company may use session Cookies and usage data to fulfil the Purpose, by
tracking information about You as related to Your usage of the Product, and correlating to other personally
identifiable information collected while on the Product or connected to Company's third party processors (as listed
in Section 5 to this Privacy Policy entitled List Of “Third Party Providers”). Company may also use Cookies that are
created by the Product to secure Your login session and to help ensure the security of Your account.
(c) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE Company's BUSINESS
GOALS: To fulfil the Purpose, Company may share Personal Information or with Company's affiliates, acquirers or
third-party collaborator or vendors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party
Providers”), subject to the following conditions:
(i) USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company's service providers are restricted
from using Your Personal Information in any way other than for the service they are providing or as it relates to
Company's Purpose fulfilled by such transfer; this includes the use of Cookies by Company's third parties so long as
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the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.
(ii) THIRD PARTIES MUST ADHERE TO Company's STANDARDS: Company ensures that such third parties maintain
reasonable and appropriate safeguards that do not breach Company's safeguards of security requirements set out
In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies
by any third party differs materially from the practices already listed, Company will revise this document accordingly
and notify existing users of the change(s).
(d) RIGHTS TO CONTENT PROVIDED BY THE END-USER
(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User hereby
grants to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to
use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through
multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive
any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to
transmit, display or distribute it over other applications and in various media. The End-User agrees that the End-User
will defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement)
arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of
infringement of third party intellectual property related to such End-User Data.
(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of Data. The Company
creates benefit to all of its End-Users by analyzing the Company Data for the purposes of Product improvements.
The End-User agrees that the Company shall have the right to collect and analyze data and other information relating
to the provision, use and performance of various aspects of the Company products and related systems and
technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use
such information and data to improve and enhance the Company products generally, (ii) for other development,
diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely
in aggregate, anonymous, and non-identifiable form that is in no way connected End-User or its business.