Privacy Policy

The Booty Academy Pty Ltd ABN 97 657 024 854 (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our fitness accessories and application (Services) or when otherwise interacting with you.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.The types of personal information we may collect about you include:• your name;• images of you;• your contact details, including email address, street address and/or telephone number;• your date of birth;• your credit card or other payment details (through our third party payment processor);• your preferences and/or opinions;• information you provide to us, including through feedback, customer surveys or otherwise;• your sensitive information as set out below;• details of products and services we have provided to you and/or that you have enquired about, and our response to you;•support requests submitted to us and our response to you;• your browser session, 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 Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;• additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and• any other personal information requested by us and/or provided by you or a third party.

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.The types of sensitive information we may collect about you include health information.Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining 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 when you register for an account on our platform or when purchasing our equipment, through the ‘contact us’ form on our website or when you request our assistance via email, 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, in emails, over the telephone, when you upload or share information to our platform, and in your online enquiries.

From third parties: We collect personal information from third parties, such as 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.

Why we collect, hold, use and disclose personal information: We may collect, hold, use and disclose personal information for the following purposes:• to enable you to access and use our Services, including to provide you with a login;• to provide our Services to you, including to dispatch and deliver our products to you;• to enable you to access and use our associated applications and associated social media platforms, including to upload and share with information with other users;• to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;• for internal record keeping, administrative, invoicing and billing purposes;• for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;• to run promotions, competitions and/or offer additional benefits to you;• for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;• to comply with our legal obligations and resolve any disputes that we may have;• if you have applied for employment with us; to consider your employment application; and• if otherwise required or authorised by law.

Health information:You may enter your health information into our platform, such as your height or weight, or, in specific circumstances designed to protect you, whether you are pregnant, in order for you to select the most appropriate fitness program.The platform provides a feedback and forum functionality where you may choose to share information that may be sensitive in nature.You may choose to connect to a third party device (such as an Apple Watch or fitness tracker) and enable that device to share your health information (including your heart rate or steps). You can manage what data your device shares with us at any time within the Apple Health or Google Fit application on your device.

Our disclosures of personal information to third parties

We may disclose personal information to: third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, email marketing providers, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;• our employees, contractors and/or related entities;• our existing or potential agents or business partners;• sponsors or promoters of any promotions or competition we run;• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or 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), Facebook Pixel or other relevant analytics businesses; and• any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics:We have enabled Google Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, Google Display Network Impression reporting etc. We and third-party vendors 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 foundhere. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Managerhereor if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their pluginhere. 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.

Social Media Analytics: We have enabled Social Media Analytics Advertising Features including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, Network Impression reporting etc. This procedure applies for our social media channels, including but not limited to; Facebook, Instagram, Youtube, TikTok.

SMS Marketing: By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on our behalf through your wireless provider to the mobile number you provided (SMS Service), even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for the SMS Service in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.

We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You can opt-out of the SMS Service at any time by texting STOP to us, clicking the unsubscribe link in any text message or otherwise following the process we advise you of. You may receive a one-time opt-out confirmation text message. No further messages will be sent unless initiated by you.

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new
mobile number, you will need to sign up for the program with your new number.

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.Unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

GDPR: "By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency."

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.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

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 also have the right to 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.

Personal information from social network accounts: If you connect your account with us to a social network account, such as Facebook, Google, we will collect your personal information from the social network. We will do this in accordance with the privacy settings you have chosen on that social network.The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal information you choose to share.We use the personal information we receive from the social network to create a profile for you on our platform.If you agree, we may also use your personal information to give you updates on the social network which might interest you. We will not post to your social network without your permission.Where we have accessed your personal information through your Facebook account, you have the right to request the deletion of personal information that we have been provided by Facebook. To submit a request for the deletion of personal information we acquired from Facebook, please send us an email at the address at the end of this Privacy Policy and specify in your request which personal information you would like deleted. If we deny your request for the deletion of personal information, we will explain why.

Use of Google API Services (this section applies to personal information accessed through Google API Services): We use Google’s Application Programming Interface (API) Service to access your information for marketing and cross-application integration, such as between social media and our platform.Our use of information received from Google APIs will adhere to theGoogle API Services User Data Policy, including the Limited Use requirements (set out in the Google API Services User Data Policy).We limit our use of the personal information that we collect to providing or improving our Services. We do not use the personal information for any other purposes.We only transfer the personal information to others if it is necessary to provide or improve our Services or as necessary to comply with applicable law or as part of a merger, acquisition or sale of assets where we notify you of this.We do not use or transfer the personal information for serving ads, including retargeting, personalised or interest based advertising.We don’t allow humans to read the personal information unless• we have first received your consent to view specific messages, files or other data;•  it is necessary for security purposes (such as investigating a bug or abuse);•  our use is limited to internal operations and the personal information (including derivations) have been aggregated and anonymised.These restrictions apply to the raw data we obtain from the restricted scopes and data that is aggregated, anonymised or derived from them.We have policies and procedures in place setting out appropriate safeguards for protecting your personal information obtained with the Google APIs. We will also ensure that our employees, agents, contractors and successors comply with the Google API Services Data Policy.

Amendments: We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions and notices, please contact us at:

The Booty Academy Pty Ltd  (ABN: 97 657 024 854)

Email: hello@thebootyacademy.com

Last update: 11 October 2023

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