Privacy Policies

Privacy Notice


Fitii International Pty Ltd ACN 642 189 320 trading as Fitii is the data controller for the purposes of personal data processed under this Privacy Policy and Privacy Notice.

Your personal data that we process is the personal information as defined in section 8.

We declare that the personal data we collect will only be used for the purposes detailed in section 4.

The basis that entitles us to process your data is by your consent. By agreeing to accept this Privacy Notice and pursuant to the Fitii Terms and Conditions, and this Privacy Policy, you authorise us to process your personal information for the purposes we specify. You can withdraw your consent at any time. The Fitii Terms and Conditions, and this Privacy Policy set out how you may withdraw your consent.

Disclosure of any personal information to outside parties is detailed in sections 4 and 5.

Your personal information and data will be retained for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  1. The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Platform);
  2. Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  3. Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

At any time we store or process your personal data, you have the rights detailed at section 6.

We may refuse to delete your personal information where we must do so to comply with a legal obligation.

Where we are required to have a Data Protection Officer, we will appoint one. You may contact the Data Protection Officer in the manner detailed in section 6.

 

1. Introduction


Fitii adheres to and respects your privacy rights, which are protected under the Australian Privacy Principles contained in the Privacy Act 1988.

Fitii adheres to the EU General Data Protection Regulation (GDPR).

This document contains our policies, which govern how we collect and manage any personal information that you provide or is otherwise collected about you.

This policy is intended to apply to Users as defined in the Fitii Terms and Conditions and does not apply to Fitii employee or job applicants. Employees or job applicants should contact Fitii in relation to their privacy rights.

 

2. Information collected or held by Fitii


Fitii will, from time to time, receive, collect and store any of the personal information you or other Users enter onto our website or Platform, or which are provided to us directly or given to us in other forms.

The collection and retention of the personal Information is essential to enable the Platform to operate successfully, and for us to provide our services. In circumstances where you do not provide some or all of the essential personal information, we may be unable to provide our services to you. For instance, without your name and address the Platform will be unable to accept your request to create a profile as either a trainer or client, and book or accept a training session.

The Fitii websites use cookies. A cookie is information sent by our website to your browser that is then stored on your computer. It is used to identify your computer to us, and to remember previous requests you have made when you return to the website. This allows us to improve the functionality of the website for your return visits.

You should be aware that if, at any time, you provide the personal Information relating to another person to us via the Platform, then it is your obligation to ensure that the person whose personal information is disclosed has read and understood this policy, and that they separately consent to their personal information being used and disclosed by us for the purposes herein detailed.

 

3. How the Information is collected


The personal information is collected by us primarily directly from you, including during our on-boarding or signup process and also through your use of the Platform and websites. Additionally, the personal information may be provided to us by a Trainer or other Client who has invited you to join Fitii, or a Client who has invited you to sign up to Fitii or FitiiPT.

The personal information may also be collected by the Platform itself, via information you provide or metadata collected, or by others in the course of the services being provided via the Platform by any User.

It is important to note that this may be a non-exhaustive list of ways in which the personal information may be collected by us.

We may hold most personal information electronically in cloud based storage or systems and to a lesser extent in hard copy form, and at our own premises but also at the premises of a limited number of service providers. We take reasonable steps to protect the security of the personal information that we hold.

 

4. Use of the Information


We may use the personal information as follows:

  1. To assist in operating the Platform and services to you in connection with it;
  2. To allow the real time calendar feature to operate effectively;
  3. To assist Trainers (if you are a Client) or Clients (if you are a Trainer) or any other Users in relation to delivery of the services in which you are involved;
  4. To display publicly within the Platform insofar as is required by the Platform for its operation;
  5. To assist with any contact (electronic, or otherwise) you make to us or our contact points;
  6. For any other purpose made known to you at the time of collection of the personal information;
  7. To communicate promotional offers etc.;
  8. To our employees, contractors, consultants and shareholders for our internal administrative, marketing, planning, product development and research requirements and to generally operate the Platform;
  9. Potentially, to protect our legal interests or in connection with a sale of our business or company;
  10. To improve our products and services;
  11. To send promotional material to you by any means, about new products, special offers or other information as we deem appropriate using contact information which you have provided;
  12. To contact you for market research purposes by email, phone, or mail;
  13. To comply with any legal requirement; and/or
  14. To customise the website or Platform according to your interests or preferences.

We will never sell your personal information unless in accordance with point 8 above. Fitii reserves the right to transfer to the extent permissible at all our user databases, together with any personal information and non-personal information contained in those databases in accordance with point 8 above.

Additionally, Fitii agrees not to disclosure the personal information about you outside of Fitii to any person except in accordance with above list, or on a confidential basis to contractors engaged from time to time by Fitii in the ordinary operation of our business, such as data processing, outsourced marketing, printing or mailing, other than as legally required by law.

You have the right to opt out of receiving any communications from us, save for communications which are essential to the operation of the Platform or our business, for example, communications regarding payments by or to you, and in the provision of the Services.

If you require further information about the legitimate interest legal basis under the GDPR, please see section 6 below regarding how you can contact us. Fitii discloses that some or all of its compliance with the Privacy Act and/or the GDPR may not be automated. Insofar as compliance has not been automated, manual compliance will be effected in accordance with our obligations manually upon by contacting us in the manner described in section 6 below.

 

5. International disclosure


The personal information will not be disclosed to an international recipient save for parent, sister or subsidiary companies of Fitii or in the manner provided in clause 4.

We provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA). These countries include but are not limited to Australia.

We have hosting facilities in Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia.

You acknowledge that personal data that you submit for publication through our Platform, website or services, may be available, via the internet, around the world. We cannot prevent the use or misuse of such personal data by others.

6. Accessing or Editing the Information


You may request details of personal information that we hold about you in accordance with the provisions of Privacy Act 1988 (Cth) and the EU GDPR 2018. Access to the personal information that we may hold about you can be requested by you in writing. If relevant personal information is held, and you are entitled to access it, then within a reasonable period after your written request, we will provide you with access to it. A failure by us to respond to your request in a reasonable time shall not be taken to be a refusal of your request. If Fitii refuses your request, then we will give you a statement, setting out the reasons for the refusal, save for in circumstances where it is unreasonable to give them. Additionally, our refusal will include the process by which you can complain about the refusal, should you desire to do so.

 

In circumstances where it is appropriate or required that we provide you access to the personal information, we will do so in a manner which is reasonable and practicable. If it is not reasonable or practicable to provide access in the manner we propose, then we will endeavour to provide you with a suitable range of choices as to how you access it, for example by emailing or mailing it to you.

If you form the view or believe that the personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, then you may request to edit it. We will consider if the personal information requires amendment and respond to you within a reasonable period after your request. A failure by us to respond to your request in a reasonable time shall not be taken to be a refusal of your request. If Fitii refuses your request that it should be amended, then we will add a note to the personal information stating that you disagree with it and will also give you a statement, setting out the reasons for the refusal, save for in circumstances where it is unreasonable to give them. Additionally, our refusal will include the process by which you can complain about the refusal, should you desire to do so.

You have the following rights under the GDPR:

  1. Right of Access – the right to access the personal information that we hold or process about you;
  2. Right to Rectification – the right to update, correct or amend the personal information that we hold or process about you;
  3. Right to Erasure – the right to request remove personal information that we hold about you;
  4. Right to Restrict – the stop processing all or some of your personal data;
  5. Right to Object – the right to object to your personal information being used for direct marketing purposes;
  6. Right to Data Portability – the right to request a copy of your personal data in electronic format;
  7. Right not to be subject to Automated Decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

Notices or requests in writing may be sent by registered post to:

Fitii International Pty Ltd ACN 642 189 320 trading as Fitii

114/16 Porter Street

Prahran, Victoria 3181

 

Or

 

By email to legal@fitii.com.

 

7. Security of your Personal Information


Fitii is 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 miscues, interference, loss and unauthorised access, medication and disclosure. Some of these safeguards may be implemented by third party services or providers.

You acknowledge and agree that the transmission and exchange of personal information is carried out at your own risk. Fitii cannot guarantee the security of any information that you transmit to us, or that is received by us. While we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy. Where we become aware of a Notifiable Data Breach, we will comply with our obligations under the Privacy Act 1988 (Cth).

 

8. Complaints


Any questions about this policy, or any complaint regarding treatment of your privacy by Fitii should also be made in writing to the address above.

9. Miscellaneous


In this Privacy Policy and Privacy Notice:

Client has the same meaning as ascribed to it in the Terms and Conditions.

Fitii means Fitii International Pty Ltd ACN 642 189 320 trading as Fitii, who is the issuer of this policy.

Information means the personal information and any or all of the following: –

  1. Name, street address, telephone number(s);
  2. Date of birth;
  3. Email address;
  4. Your calendar availably data;
  5. Credit card or bank account details;
  6. Drivers licence / passport details;
  7. Education or qualifications;
  8. All details you enter or entered in relation to you on our Platform, our websites or provided by you in your interactions with Fitii;
  9. Details regarding services arranged through our platform;
  10. Your current GPS location in the course of delivering or receiving a service though our platform;
  11. Any additional information provided to our service centre; and
  12. Any information you provide to us through customer surveys.

Personal information has the same meaning as under the Privacy Act, and includes the Information.

Platform means our websites, mobile apps and any other technology that we provide for you to use.

Services has the same meaning as ascribed to it in the Terms and Conditions.

Trainer has the same meaning as ascribed to it in the Terms and Conditions.

Terms and Conditions mean the Fitii terms and conditions as in force from time to time.

User has the same meaning as ascribed to it in the Terms and Conditions.

 

9. Edition and Effect


We may change this policy from time to time and at any time. While we intend to observe this policy at all times, it is not legally binding on Fitii in any way. We reserve the right from time to time to act outside the policy where we may regard it as necessary or desirable to do so. This reservation of rights is subject only to any other applicable contractual rights you have and any statutory rights you have under the Privacy Act, the GDPR or other applicable legislation.

This Privacy Policy version 2.3 is dated 1 July 2020.