Privacy Policy.

Last Updated: 18 June 2021Black Fitness Pty Ltd (ACN 630 468 414) (“FLOE”, “we”, “us”, “our”) recognise that the privacy of your Personal Data is important and we are committed to protecting the privacy of any of your Personal Data we Process.  

This privacy policy (“Privacy Policy”) explains the when, how and why of our Processing of your Personal Data in connection with your access to and use of the Services and FLOE Platform.  The Privacy Policy also sets out your choices and rights in relation to such Processing and your Personal Data. Please read it carefully – it is important for you to understand how we Process Your Data, and how you can control it.   

This Privacy Policy is to be read in conjunction with the FLOE Terms of Service available at floefit.com.  Any capitalised terms that are not defined in this Privacy Policy have the meaning given to them in the FLOE Terms of Service.

If you do not agree to the Processing of your Personal Data in the way this Privacy Policy describes, please do not access or use, or promptly cease accessing and using, the FLOE Platform and Services. By accessing and using the Services and FLOE Platform you consent to us Processing Your Data in accordance with this Privacy Policy

A. Summary of Privacy Policy

 

Here is a summary of the information contained in this Privacy Policy. This summary is to help you navigate the Privacy Policy and it is not a substitute for reading the full document.  You can use the hyperlinks below to jump directly to specific sections.

What information do we collect from you?

We will collect information from you in a variety of context when you access or use the Services or FLOE Platform, or when you directly contact us.  For example:

  • If you register an account and enter a Subscription to use the Services, then we will need to collect some information from you, including: your full name, date of birth, gender, contact details and postal address, and payment account information (such as credit card or debit card number), and fitness goals.   We will also keep records of your Subscription and purchases of any Products.
  • When you access and use the FLOE Platform, we automatically collect information sent to us by your computer, mobile phone or other device, including your internet address, domain name (if applicable), and the date and time of your access to the FLOE Platform.  
  • When using the Services, including participating in the live interactive video sessions provided by our trainers, we may collect information from you including your video image and voice, injury information, your attendance record and training data.  We note that your video imagery and voice will not be stored after the session, and will not be visible to any other user of the Services or FLOE Platform without your express consent.
  • If you contact us directly, including for customer support or to provide feedback, then we may also collect and retain information relating to your inquiry that you provide to us in order for us to get back in touch with you and address any of your concerns or support issues.
  • If you elect to participate in any surveys or customer satisfaction reviews conducted by us, we may collect information that you provide directly to us as part of such Processes or that is otherwise communicated by you to us.

How will we use Your Data?

We use Your Data to:

  • provide the Services, such as to maintain your account and Subscription, deliver Products to you, and to help you track your fitness progress with FLOE;
  • verify your identity and account information, and for security purposes;
  • support and improve the Services and Products, or to develop new features, Services or Products; 
  • market the Services or Products to you, including in respect of new features or other promotions;
  • to facilitate your participation in surveys, special events or promotions, or customer satisfaction programs relating to our Services and Products; 
  • providing you with information about our Services or Products, including newsletters, training updates and alerts about your use of the Services and Products; and
  • to investigate and resolve disputes and to enforce or exercise any of our contractual rights.

We may also create Aggregated Data from Your Data and the data of our other customers for analytics purposes, which may include to improve the Services or FLOE Platform, develop new services or features, or for market research.  All such Aggregated Data will be anonymous, and will not include any of your Personal Data.

Who do we share Your Data with?

We may share Your Data with third parties for certain purposes, including where it is necessary to share Your Data in order to provide the Services or where we are instructed to disclose Your Data by a court or regulatory authority.  Third parties who we are likely to disclose Your Data to include:

  • our third party service providers, including information technology service providers that host, back up, and Process Your Data on our behalf, payment Processors who Process your payments through a third-party application, and our trainers, contractors, consultants, professional advisors, and auditors; 
  • our Affiliates around the world in order to help us to deliver the Services or monitor the success of our marketing and advertising programs;
  • courts or regulatory authorities, where we are required by law to disclose Your Data;
  • third parties that are involved in a business acquisition, merger or reorganisation of FLOE or its Affiliates; and
  • other third parties that you authorise us to disclose Your Data, including third party business partners for the purpose of you using such third party goods or services.

Where do we Process Your Data?

We use information technology infrastructure located in Australia and other locations around the world. Your Data may be accessed from outside of the jurisdiction where you live by our staff, support, engineering and other teams around the world, which are located in Australia and the EU.

How can I exercise my rights over my information?

Depending on where you are, you may have certain rights with respect to Your Data, such as rights of access, to receive a copy of Your Data, or to delete Your Data or restrict or object to our Processing of Your Data

How to get in touch with us

If you have any questions about anything in this Privacy Policy, wish to correct or update Your Data, make a complaint about our use of Your Data, or want to exercise any rights you may have, please contact us.

How will we notify you of changes?

Changes to this Privacy Policy will be posted here. Please check this page frequently to see if there are any updates or changes to this Privacy Policy. 

B. Full Privacy Policy

For the purpose of applicable Privacy Laws, the data controller of your Personal Data in relation to the Service is Black Fitness Pty Ltd (ACN 630 468 414). The registered address of FLOE is Unit 5, 4a Huntley Street, Alexandria, NSW, Australia. 

1. The Types of Personal Information We Use

 

This section describes the different types of Personal Data we collect from you and how we collect it. If you would like to know more about specific types of data and how we use that data, please see the section entitled “How we use your Personal Data” below. 

The following is a high-level summary of the types of Personal Data we use:

1.Information you provide to us (either directly or through a third party).

  • Account information: If you register an account and enter a Subscription to use the Services, then we will need to collect some information from you, including: your full name, date of birth, gender, contact details and postal address, and payment account information (such as credit card or debit card number), and fitness goals.   We will also keep records of your Subscription and purchases of any Products.
  • Contact and support: If you contact us directly, including for customer support, then we may also collect and retain information relating to your inquiry that you provide to us in order for us to get back in touch with you and address any of your concerns or support issues. 
  • Customer feedback.  If you elect to participate in any surveys or customer satisfaction reviews conducted by us, we may collect information that you provide directly to us as part of such Processes or that is otherwise communicated by you to us.

2. Information about you generated as part of the Services

We automatically collect certain data from you when you access or use the Services or FLOE Platform, which includes:

  • Workout data.  When you participate in a live interactive video training session, we may generate the following information: your video image and voice, your training session attendance record, and other workout information including the type of workout session and its duration.  We note that your video imagery and voice will not be stored after the session and will not be visible to any other user of the Services or FLOE Platform without your express permission.
  • Device information.  Information sent to us by your computer, mobile phone or other device, including your internet address, domain name (if applicable), and the date and time of your access to the FLOE Platform; and
  • when you are using the Service, our security feature collects (in addition to the categories of data listed above) device information including a list of installed hack software, equipment brand and model, available space on the device, and information about your internet connection including the type (WiFi/4G/3G).

Cookies

We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (“Cookies”) to enhance your experience using the Website. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality. 

For more information about our Cookies Policy, click here.

Children

Children under the age of 18 must not access or use the Services or FLOE Platform for any purpose.  The Services are not designed for use by children, and we do not knowingly collect or solicit Personal Data from children under this age for any purpose.  Where we become aware that we have collected information relating to a person under the age of 18, we will promptly take steps to delete this information.  

If you believe that we have Personal Data of a child under these ages, please contact us via floefit.com and we will delete such information.

2. How We Use Your Personal Information

 

This section provides more detail on the types of Personal Data we collect from you, and why. 

  • Full name, and contact details (address, telephone numbers and email address).
    • We use this information to create your account for the Service in accordance with your request.
  • Payment account information, including credit card or debit card details, or third party payment Processor account details.
    • We use this information to charge you Fees in connection with your Subscription or purchase of Products
  • Workout data (completed workouts, the duration of workouts)
    • We use this information to provide features relating to the Services, including your ability to track your training progress.
  • IP Address
    • We use this information to allow you to connect to our server.
  • Log Data (When you use the FLOE Platform, the system records usage in the form of activity logs. This includes reference to your system username and the relevant action you took on the system)
    • We use this information to:
      • maintain a record of log-in and actions of your account;
      • improve our Services, including the functionality of the Service;
      • for security and verification purposes.
  • Log Data (When you use the FLOE Platform, the system records usage in the form of activity logs. This includes reference to your system username and the relevant action you took on the system)
    • We use this information to:
      • maintain a record of log-in and actions of your account;
      • improve our Services, including the functionality of the Service;
      • for security and verification purposes.
  • Security-Related Information: list of hack or cheating software, device operation system settings, device information including mobile phone brand, model, CPU structure, CPU model, kernel version, resolution.]
    • We use this information to: 
      • provide a fair environment;
      • solve crashes and optimize compatibility.
  • Customer Support and user communications with support: Name, device ID, email address (if you choose to disclose your email), details of ticket and error.
    • We use this information to:
      • allow you to use the FLOE Support Ticketing system;
      • improve our services;
      • provide troubleshooting, such as addressing and remediating technical issues and bugs.

3. How We Store and Share Your Personal Information

 

The FLOE group operates around the world. Pursuant to our Agreement with you to provide you with the Services, your Personal Data will be Processed on servers that may not be located within the jurisdiction where you live. No matter where our servers are located, we take appropriate measures to safeguard your rights in accordance with this Privacy Policy. Our servers for the Service are located in Australia.

In addition, Your Data can be accessed from outside of where you live by our support, engineering and other teams around the world, including Australia and the EU. 

We may share your Personal Data with third parties in certain situations and for certain purposes, which include: 

  • Third parties service providers that provide services in support of the Services, including our trainers, contractors, consultants, professional advisors, auditors and other service providers, such as our information technology and marketing and advertising service providers. All such third party service providers are prohibited from retaining, using, or disclosing your Personal Data for any purpose other than providing us with their goods and services.
  • FLOE Affiliates who Process your Personal Data that assist FLOE to provide the Services and Products, and perform associated tasks such as monitoring the success of our marketing and advertising programs. All such Affiliates may only use your Personal Data in accordance with this Privacy Policy.
  • Regulators, judicial authorities and law enforcement agencies, and other third parties for safety, security, or compliance with the law. There are circumstances in which we are legally required to disclose information about you to authorities, such as to comply with a legal obligation or Processes, enforce our terms, address issues relating to security or fraud, or protect our users. These disclosures may be made with or without your consent, and with or without notice, in compliance with the terms of valid legal Process such as a subpoena, court order, or search warrant. We are usually prohibited from notifying you of any such disclosures by the terms of the legal Process. We may seek your consent to disclose information in response to a governmental entity’s request when that governmental entity has not provided the required subpoena, court order, or search warrant. We may also disclose Your Data to:
    • enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;
    • detect, prevent or otherwise address security, fraud or technical issues; or
    • protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).
  • A third party that acquires all or substantially all of us or our business. We may also disclose Your Data to third parties if we either: (a) sell, transfer, merge, consolidate or re-organise any part(s) of our business, or merge with, acquire or form a joint venture with, any other business, in which case we may disclose Your Data to any prospective buyer, new owner, or other third party involved in such change to our business; or (b) sell or transfer any of our assets, in which case the information we hold about you may be sold as part of those assets and may be transferred to any prospective buyer, new owner, or other third party involved in such sale or transfer.
  • Other third parties who you authorise.  We may also disclose Your Data to other third parties with your authorisation.  This may include third party business partners that you may authorise in order to procure goods or services, such as Google or Apple.
  • The Security of Your Personal Information

We are committed to maintaining the privacy and integrity of your Personal Data no matter where it is stored. We will take all reasonable steps, and implement reasonable technological and organisational measures to protect Your Data from unauthorised access, use, disclosure or loss, including information security and access policies that limit access to our systems and technology, and the use of technological protection measures such as encryption.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable measures to protect your Personal Data, we cannot guarantee the security of the information transmitted through the Services or otherwise via the Internet.  

4. Your Rights

 

Some jurisdictions’ laws grant specific rights to users which are set out in this section.

This section 5 entitled “Your Rights” applies to users that are located in the Relevant Jurisdictions. If you are located in a territory outside a Relevant Jurisdiction, please refer to the Supplemental Jurisdiction-Specific Terms for an overview of your rights and how these can be exercised. 

You have certain rights in relation to the Personal Data we hold about you, depending on where you are located. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at floefit.com. 

Access

You have the right to access Personal Data we hold about you, how we use it, and who we share it with. You can access the Personal Data you have made available as part of your account by logging into your account. If you believe we hold any other Personal Data about you, please contact us at floefit.com. 

Portability

You have the right to receive a copy of certain Personal Data we Process about you. This comprises any Personal Data we Process on the basis of your consent or pursuant to our contract with you as described above in the section “How we use your Personal Data. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that Personal Data to another party, with certain exceptions. We will provide further information to you about this if you make such a request.

If you wish for us to transfer such Personal Data to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with Personal Data if providing it would interfere with another’s rights (for example, where providing the Personal Data we hold about you would reveal information about another person or our trade secrets or intellectual property). 

Correction

You have the right to correct any of your Personal Data we hold that is inaccurate. You can access the Personal Data we hold about you by logging into your account on the FLOE Platform. If you believe we hold any other Personal Data about you and that information is inaccurate, please contact us at floefit.com. 

Erasure

You can delete your account, or remove certain Personal Data, by logging into your account on the FLOE Platform. 

We may need to retain Personal Data if there are valid grounds under Privacy Laws for us to do so (for example, for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase Personal Data that has been made available publicly on the Services and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the Personal Data or providing links to the Personal Data to erase it too. 

Restriction of Processing to Storage Only

You have a right to require us to stop Processing the Personal Data we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop Processing the Personal Data, we may use it again if there are valid grounds under Privacy Laws for us to do so (for example, for the defence of legal claims or for another’s protection). As above, where we agree to stop Processing the Personal Data, we will try to tell any third party to whom we have disclosed the relevant Personal Data so that they can stop Processing it too. 

Objection

You have the right to object to our Processing of your Personal Data. We will consider your request in other circumstances as detailed below by contacting us at floefit.com.

To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us for certain Processing activities by contacting us at floefit.com. Where consent is required to Process your Personal Data, if you do not consent to the Processing or if you withdraw your consent we may not be able to deliver the expected Services. 

Announcements

We may from time to time send you announcements when we consider it necessary to do so (for example, when we temporarily suspend access to the Services for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related announcements, which are not promotional in nature.

Advertising

You may choose to stop receiving personalised advertising or marketing promotions from us when using the Services by clicking here [link to opt out], following the opt out instructions included in the Settings section of the Service or you can contact us at floefit.com.

5. Third Party Links

 

Our Website may contain links to other online platforms, plug-ins or other applications operated by third parties. We do not control such other sites or applications, and are not responsible for their content, their privacy policies, or their use of Your Data. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services or FLOE Platform and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Website. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Data by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

6. Contact & Complaints 

 

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to floefit.com.

In the event that you wish to make a complaint about how we Process your Personal Data, please contact us in the first instance at floefit.com and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed Privacy Laws.

7. Changes

 

If we make any changes to this Privacy Policy we will post the updated Privacy Policy here. Please check this page frequently to see if there are any updates or changes to this Privacy Policy. 

 

SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC

Some jurisdictions’ laws contain additional terms for users of the Service, which are set out in this section.

If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you in addition to the terms set out in our Privacy Policy above.

Australia

Overseas Recipients 

We take reasonable steps to ensure that third party recipients of your Personal Data located outside Australia handle your Personal Data in a manner that is consistent with Australian privacy laws. However, you acknowledge that we do not control, or accept liability for, the acts and omissions of these third party recipients.

Access

You have the right to access Personal Data we hold about you, how we use it, and who we share it with. You can access the Personal Data you have made available as part of your account by logging into your account. If you believe we hold any other Personal Data about you, please contact us at floefit.com. 

Correction

You have the right to correct any of your Personal Data we hold that is inaccurate. You can access the Personal Data we hold about you by logging into your account. If you believe we hold any other Personal Data about you and that information is inaccurate, please contact us at floefit.com.

Transacting Anonymously

Where practicable, we will give you the option of not identifying yourself or using a pseudonym when registering an account on the FLOE Platform or using the Services. You acknowledge that if you do not provide us with your Personal Data, we may be unable to provide you with access to certain features or sections of the Services.

Your Rights

If you are dissatisfied with our response to your request for access to, or correction of, your Personal Data or your privacy complaint in respect of your Personal Data, you may contact the Office of the Australian Information Commissioner (Telephone +61 1300 363 992 or email enquiries@oaic.gov.au). 

Data Transfers

While we take reasonable steps to ensure that third party recipients of your Personal Data comply with Privacy Laws that are similar to those of your jurisdiction, you acknowledge and agree that we cannot control the actions of third party recipients and so cannot guarantee that they will comply with those Privacy Laws.