Welcome to INCHECK FIT's Privacy Policy.
At INCHECK FIT, safeguarding your privacy is a top priority, and we are dedicated to protecting your personal information. This Privacy Policy outlines the information we collect from you, how we use it, and your rights concerning it.
We are committed to handling your personal information in compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and other applicable privacy laws.
By providing us with your Personal Information through one of the methods outlined below or by using our Application or website (located at www.incheckfit.com) (Website), you acknowledge and consent to our collection, storage, usage and disclosure of your Personal Information as per the terms of this Policy.
All capitalised terms in this Policy that are not defined herein have the same meanings as defined in the Terms and Conditions available on our Website.
We reserve the right to amend this Privacy Policy from time to time by publishing updated versions on our Website. We encourage you to check this page from time to time to view the latest version of the Policy.
1. Who are we?
When we refer to ‘we’, ‘us’ and ‘INCHECK FIT’, this means INCHECK Group Pty Ltd (ACN 676 832 090) and any wholly owned subsidiaries. We are based in South Australia, Australia. INCHECK FIT is also responsible for the Website.
2. What information do we collect?
2.1 Personal Information
Under the Privacy Act 1988 (Cth), and in accordance with this Policy, ‘Personal Information’ has the meaning set out in the Privacy Act and is information or an opinion that identifies you, or from which you can be reasonably identified whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not, or as otherwise defined by applicable privacy legislation.
INCHECK FIT collects and stores Personal Information including:
(a) your name;
(b) your email address and phone number;
(c) your address;
(d) your age and date of birth;
(e) your sex;
(f) your log-in details and password;
(g) your health information and fitness history;
(h) any information you willingly provide to INCHECK FIT during interactions via phone, email, any social platform, or any other communication channels.
(i) any additional information provided voluntarily by you as part of your membership or subscription;
(j) any responses you provide to surveys, competitions and promotional material;
(k) your marketing preferences such as to whether you would like to receive promotional communications from us;
(l) if you are applying for a position, supplementary information pertinent to your employment, such as your work and educational background;
(m) information automatically gathered when you visit our website, including details about the device and browser you're using, as well as your location.
Your financial details are not collected or stored by us, as they are processed by a third party.
In addition to the types of Personal Information identified above, we may collect Personal Information as otherwise permitted or required by law.
2.2 Location Data
With your explicit consent, INCHECK FIT may access and use your location data while the Application is in use or continues to operate in the background on your device.
2.3 Children
We are dedicated to safeguarding the privacy of children. The website, Service, and Application are not intended for children under the age of 16. Consequently, INCHECK FIT will not knowingly gather information about any user under the age of 16. If a child under the age of 16 wishes to use the website, Application, or Service, consent must be provided by a parent or legal guardian, and it must be conducted under their supervision.
If you become aware that information from a child under the age of 16 has been disclosed to us without the consent of a parent or legal guardian, please contact us using the details provided at the bottom of this Policy so that we can remove that information.
3. Cookies
We want you to understand the different types of cookies that are used on our Website.
3.1 Types of Cookies Used
(a) Performance Cookies: These are necessary for the website to function properly. They allow users to log into secure areas of the site that require membership.
(b) Analytical Cookies: These cookies track user behaviour on the website, providing insights into the number of users, their locations, and the pages they visit. This information helps in creating content tailored to users' needs.
(c) Targeting Cookies: These cookies monitor the user's journey on the website, facilitating customisation of the user experience and marketing activities to make them more relevant to individual users.
(d) Third-Party Cookies: These are cookies from external companies like Facebook and Google. They enable the website to deliver personalised offers and content to users based on their browsing behaviour on other sites.
3.2 Managing cookies
Users can customise their cookie settings through their browser preferences, such as Firefox, Google Chrome, Safari, Microsoft Edge etc. Users can choose to either be prompted about cookies or refuse them altogether. However, disabling cookies may result in difficulty using our Website correctly as certain parts may not work at all or work correctly.
You can find out more information about cookies on the following third party websites:
(a) https://www.oaic.gov.au/privacy/your-privacy-rights/advertising-and-marketing/targeted-advertising
(b) https://youronlinechoices.com
4. How do we collect your information?
4.1 Direct collection
Most of the Personal Information we collect about you is obtained directly from you. Personal Information is gathered when you:
(a) sign up or subscribe to INCHECK FIT;
(b) become a member of, or participate in a trial of, the Application;
(c) interact with the Service;
(d) visit our website or use the Application;
(e) create an account with us;
(f) opt in to receive our tips, offers and marketing emails;
(g) engage with us via social media, such as by following us on Instagram or joining our private Facebook community;
(h) make a purchase, including membership, or any other goods or services on our website or Application;
(i) contact us through phone, email, letter, social media, or any other platform;
(j) enter a competition or promotion;
(k) respond to a survey;
(l) complete forms as part of a job application.
4.2 Third party collection
From time to time, we collaborate with third parties who assist us in our business operations, which may include providing the Service. We may collect your data, including health information, from these third parties.
5. Why do we collect your information?
5.1 Primary purpose
Our primary goal is to provide you with the best possible experience when dealing with us. In general, we collect, use and disclose your Personal Information primarily to facilitate your usage of our website and Application, as well as to enable you to enjoy the advantages that come with your membership or trial with us.
5.2 Specific purpose
We gather your information for the following purposes:
(a) to enable you to access the Services;
(b) to facilitate your membership or trial of our Application and to enable you to become a member;
(c) to deliver goods or services that you have purchased;
(d) to customize our Services to suit your needs;
(e) to be able to reach out to you in case of any inquiries;
(f) to invite you to participate in competitions, promotions or surveys;
(g) to inform our marketing and business strategies;
(h) to promote our business;
(i) to aid you in assessing, maintaining, improving, or managing your health;
(j) to personalize and tailor your experience on our website and Application; and
(k) for fraud prevention purposes.
5.3 Marketing communications
We may use your Personal Information to send you marketing communications and keep you informed about all things INCHECK FIT if you've agreed to receive such communications or if it's reasonable to anticipate them, and if you haven't opted out of receiving them. You can opt out of these marketing messages at any point in time within our marketing emails or by contacting us via email at support@incheckfit.com. Please note that our systems may take several days to update, so you may still receive promotional content during this update period.
5.4 Consequences of non-collection
If we are unable to collect your Personal Information, it may hinder our ability to fulfil our obligations to you, which may include providing the Service. This could result in us being unable to offer you goods and services or respond to inquiries regarding your membership or the goods and services that INCHECK FIT provides. Your interaction with us may be delayed or less efficient than desired. Additionally, we will be unable to keep you informed of the latest updates, promotions, rewards, competitions, and marketing information.
5.5 Anonymity
We will offer you the chance to remain anonymous or use a pseudonym in your interactions with us where it is both lawful and feasible to do so. However, in most cases, it is neither practical nor lawful for us to engage with individuals anonymously or under pseudonyms.
6. Disclosure and sharing of your data
6.1 General disclosure
We refrain from selling any Personal Information collected about you to third parties. However, we may share certain data with our third-party partners for commercial purposes to support our business operations and fulfil the purposes outlined above. This may include collaborating with fraud prevention providers, website and data hosting services, as well as logistics and freight providers.
Any information pertaining to your health will only be used for purposes other than those expressly stated in this policy or directly related to a stated purpose after obtaining your consent.
When we disclose your Personal Information to a third party, our partners are obligated to comply with relevant privacy laws and regulations. Additionally, we take reasonable precautions to ensure they use your data solely for the purposes agreed upon with us.
6.2 Disclosure to third parties
Your Personal Information may be disclosed to the following partners, who may at times be located outside of Australia:
(a) our employees, contractors, or service providers as necessary to deliver goods and services to you;
(b) our business advisors, including accountants, lawyers, and other professionals, where reasonably necessary for them to fulfil their duties to us or provide advice;
(c) our business partners who collaborate with us to offer goods, services, and marketing messages;
(d) if required by law, to any individual or entity authorised by such law.
6.3 Legal and business changes
In compliance with the law, your personal information may be disclosed to third parties. Moreover, in the event of a business sale or change in control, your Personal Information will be disclosed and transferred to the new owner/controller for that purpose.
6.4 Liability disclaimer
We hold no responsibility for any loss, damage or claim arising from a third party's use of your Personal Information if we were authorised by you or by law to disclose that information to said third party.
7. Do we disclose your information overseas?
7.1 International operations
INCHECK FIT is based in Australia, so most of our service providers are also based there. However, from time to time, we may disclose your information with third-party service providers that operate internationally and/or store data overseas.
7.2 Examples of overseas data sharing
(a) Storage purposes: Our main data storage systems are based in Adelaide, Australia; however, we may also store data in servers based in overseas locations.
(b) Third-party services: In order for our third-party service providers who assist us with our business to undertake required work.
(c) Collaboration with overseas partners: To collaborate with overseas partners from time to time.
7.3 Data protection overseas
We only disclose your Personal Information outside the jurisdiction where it was collected if permitted by applicable laws. Countries outside Australia where Personal Information relating to you may be stored and/or processed, or where recipients of Personal Information relating to you may be located, may have privacy and data protection laws which differ to those under the Privacy Act. By providing your personal information to us, you:
● accept that personal information relating to you may be transferred, stored or processed in this way. We take measures to ensure that any international transfer of information is managed carefully and in accordance with applicable data protection laws; and
● consent to us disclosing your personal information to any such overseas recipients for purposes reasonably in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the APP's, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.
8. Storage and Protection of your data
8.1 Secure storage
We endeavour to securely store your Personal Information and protect it against misuse, interference, loss, and unauthorised access, modification or disclosure. Your Personal Information may be held in either electronic or hard copy formats.
8.2 Electronic storage
When electronically storing information, it could be housed on our computer systems, databases, software programs, internet servers, and hosted internet solutions.
We maintain stringent security protocols to safeguard your data in accordance with relevant regulations and requirements. Our servers, computer systems and internet hosting utilise security measures like physical locks, firewalls, and encryption with password protection for data both at rest and during transmission.
8.3 Hard-copy storage
When storing information in hard-copy format, we ensure it is kept in a secure location that is locked and accessible only to authorised personnel with a legitimate need to access the information.
8.4 Disclaimer of liability
Although we take reasonable measures to protect your Personal Information, we exclude all liability for any consequences in connection with any unauthorised access, use or disclosure of Personal Information, to the maximum extent permissible by law.
9. Retention and Deletion of Data
9.1 We retain your Personal Information for as long as is needed for us to fulfil our obligations to you e.g. to provide goods or services, or to provide marketing messages while you are subscribed. We may also need to store your Personal Information to comply with any tax or legislative requirements. When we no longer need to store your data for these reasons, we will either delete it to the extent technically practical or anonymise it.
9.2 Should you opt out of our marketing communications, you will no longer receive marketing messages from us. However, this action does not automatically remove your Personal Information from our databases. If you desire complete removal of your Personal Information, please do not hesitate to contact us at support@incheckfit.com.
10. Your access to your Personal Information
10.1 Access rights
You retain the right to access your stored Personal Information at your discretion. To initiate this request, please reach out to us via email at support@incheckfit.com. Please anticipate a brief processing period before receiving a response.
10.2 Information and updates
You maintain the right to be kept informed about how your Personal Information is being used, and we will seek to keep you informed of any changes to our Privacy Policy. Additionally, feel free to reach out to us at any point in time to inquire about your Personal Information or to update your details via support@incheckfit.com.
10.3 Accuracy of information
While we take reasonable steps to maintain accurate, complete, and up-to-date Personal Information, the accuracy of the data we store relies on the information you provide.
Therefore, we encourage you to regularly review and update your Personal Information. Should you need to update or correct any details, you can:
(a) update your Personal Information directly via the Website or Application; or
(b) alternatively, email us at support@incheckfit.com to request updates or corrections to your Personal Information.
11. Privacy Complaints
11.1 If you are of the view that we have breached your privacy rights, please reach out to us via email at support@incheckfit.com. We take all inquiries and complaints seriously and endeavour to handle them with impartiality and discretion. When lodging a complaint, please provide relevant details such as the date, time and circumstances of the incident, along with your concerns about what was said or done.
11.2 Should your complaint fall outside the scope of relevant privacy laws, we'll explain why we cannot proceed further. Please allow us at least 7 days to investigate and respond to privacy complaints. For any other questions or to exercise your rights, don't hesitate to contact us at support@incheckfit.com.
This policy was last updated on 24 May 2024.
