Effective November 1, 2023
“KX Pilates”, “we”, “us”, “our” means KX Pilates Online Pty Ltd ACN 671 759 863 of 36b St Edmonds Road, Prahran VIC 3181. We respect your privacy and value your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website (the “Site”), our mobile application (the “App”), from purchasing product and services from us, engaging with our content, when you interact with us via call centers, support service which may include live chats, e-mail communications or phone calls, social media channels, or by use of any of our services (collectively, the “Services”). If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy.
If you do not agree with the terms of this Privacy Policy and our Terms of Use, then you should immediately cease use of the Services without providing us with any personal information.
We may collect the following categories of personal information (a) directly from you (such as when you create an account (the “Account”) or contact us), (b) from the device and browser that you use to access the Services, (c) from cookies and similar technologies, or (d) other third parties, including social media platforms that you use in connection with the Services (such as if you login through a social media platform or use other social media tools):
Identifiers
We may collect your name, email address, mobile, date of birth, and Account username and password.
Financial and Transactional Information
We may collect payment details (such as payment card or bank account information), billing address, and subscription history. We use authorized third-party payment processors to process payment details on our behalf.
Demographics
We may collect demographic information such as your postcode, preferences, interests, age, gender, and sex (including medical conditions related to sex such as pregnancy).
Professional Information
For employment or other recruitment purposes, the above as well as employment and education details and generally, information relating to qualifications and experience.
User-submitted Content
We collect content that you submit to the Services, such as profile photographs, forum comments, testimonials, and communications between you and other users of the Services. In addition, if you send a message to us (such as through email or social media), we collect any personal information you choose to share with us through those messages.
Device Information
We may collect device information when you use our Site or App. Device information may include your device type, browser type, online identifiers, IP address, and geolocation information.
Internet or Other Electronic Network Activity Information
We may collect information concerning your interaction with our Site or App, including when you access and/or use the Site or App, your activity on the Site or App (such as which page you visit, in what order, and for how long), and the workouts and other video content you have viewed.
Inferences
We may also draw inferences from the information that we collect that reflect your preferences or characteristics (such as your workout preferences).
Surveys and Review Information.
Any information you voluntarily provide to us or our Service Providers (or otherwise publish) in connection with a survey you complete or review / testimonial you provide about KX Pilates goods and/or Services. We may collect this information to understand your opinions, better market our services and to collect relevant information about our business.
Promotions, Sweepstakes and Competition Information.
Any information that you provide to us in connection with any promotions, sweepstakes and/or competitions we run, including for example, responses to competition questions.
Some of the information we collect may qualify as “Sensitive Personal Information” in some jurisdictions. In particular, Sensitive Personal Information includes payment details and medical conditions related to sex (e.g., pregnancy). We collect and use this information to: provide our Services to you, ensure the security and integrity of the payment process and our systems, undertake activities to verify or maintain the quality or safety of our Services, detect, prevent and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions, and ensure the physical safety of natural persons.
You are not required to provide all personal information identified in this Privacy Policy to use our Services or to interact with us, however, certain features may not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to register an Account or respond to your requests.
We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. The cookies and similar technologies that we use are generally divided into the following categories:
We use traffic log cookies (Google Analytics) for part of this process.
To learn more about Google Analytics and how to opt out:
Please visit www.google.com/analytics/learn/privacy.html and https://tools.google.com/dlpage/gaoptout.
Do-Not-Track Signals
At this time, we do not recognize the “Do Not Track” browser-based standard signal, however, we recognize the Global Privacy Control as a valid request from you to opt out of certain analytics and advertising cookies (and similar technologies).
We collect and use your personal information for the following purposes:
We may share personal information with the following categories of third parties:
Service Providers
We engage independent contractors, vendors, and suppliers (“Service Providers”) to provide specific services and products related to our Services. These include, for example, hosting providers and IT outsourcing, payment processors, analytics providers, subscription management platform providers, and marketing providers.
Third-Party Partners
We may share personal information with third parties that we have partnered with to jointly create or offer a product, service, or joint promotion (“Third-Party Partners”). If you decide to obtain a product or service or participate in a joint promotion that is offered by us and these Third-Party Partners, the information you provide will be shared with us and them. We may also share your information with these Third-Party Partners in the event we suspect you are violating our Terms of Use or the law.
Other Users
Content, such as profile pictures, comments, or reviews that you make available publicly through the Services will be visible to other users of the Services and to the public. You should be aware that any information shared in a public or community forum is public information and may be seen or collected by third parties. You should think carefully before disclosing any information in a public or community forum or through a public profile, including those available on the Services.
Advertising Partners and Social Media Networks
As noted above, the Site and App have cookies and similar technologies that are used to track your activity on the Site and App and activity on other websites that you visit. Information gathered through these technologies (such as content you viewed or videos you watched) is shared with advertising partners and social media networks. We share information with these third parties to provide you with advertisements that we and/or these third parties believe will be relevant to you.
Advisers and Financial Institutions
We may share personal information with auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
Government Bodies, Dispute Resolution Organizations, and Third Parties
We may share personal information with these entities in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive, (b) cooperating in a law enforcement or similar investigation, or (c) otherwise protecting our rights.
Sale of Business
We may share personal information with third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
The Services are not intended for users under the age of 13 and KX Pilates does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Services without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to review the FTC Guidelines for protecting your child’s privacy online.
KX Pilates uses data to market its Services, which may include, contacting you by phone, email, postal mail, push notifications, in-app messages or SMS with information about news, offers, products, promotions, events, contests and/or Services that might be of interest to you, as permitted by applicable law. This may include various usage data to send marketing communications that are personalized. Please see below for how to unsubscribe from marketing.
If you no longer want to receive our emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe option in the communication itself or by contacting us at the information below in the How to Contact Us section.
If you no longer want to receive mobile marketing messages, reply STOP to any text message from us to opt out.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your Account or purchases placed through the Services.
By logging into your password-protected user Account you have the ability to access and correct certain personal information associated with your Account on our Site and App. You may delete your Account by navigating to the “delete my account” section in your “Account” settings. You can also contact us at the information in the How to Contact Us section below.
This section describes how we collect, use, process, and disclose personal information of California consumers and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.
To understand what personal information, we may have collected about you, and from where we collected it, please see the section Information We Collect.
We collect this personal information, as further described in the Our Use of Personal Information section, to operate, manage, and maintain our Site and App, to provide our products and services, and to accomplish our business purposes and objectives.
We may have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
| Identifiers | Service Providers
Third-Party Partners Other Users Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Financial and Transaction Information | Service Providers
Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Professional Information | Service Providers
Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Demographics | Service Providers
Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| User-submitted Content | Service Providers
Third-Party Partners Other Users Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Device Information | Service Providers
Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Internet or Other Electronic Network Activity Information | Service Providers
Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Inferences | Service Providers
Advertising Partners and Social Media Networks Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
| Sensitive Personal Information | Service Providers
Advisers and Financial Institutions Government Bodies, Dispute Resolution Organizations, and Third Parties |
For more information on how your information is shared, pease see the Our Disclosure of Personal Information section.
Your Rights
Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We have provided this notice through this Privacy Policy. In addition, California residents have additional rights, subject to certain limitations, including:
California residents also have the right to limit the use of Sensitive Personal Information where a business uses such information to infer characteristics about you. As noted above, KX Pilates only uses Sensitive Personal Information to: provide our Services to you; ensure the security and integrity of the payment process and our systems; undertake activities to verify or maintain the quality or safety of our Services; detect, prevent and investigate security incidents and other malicious, deceptive, fraudulent, or illegal actions; and ensure the physical safety of natural persons. We do not use Sensitive Personal Information to infer characteristics about you.
Exercising Your Right to Access, Correction, or Deletion
To submit a request to access, correct, or delete your information as a consumer or as an authorized agent, contact us at the information in the How to Contact Us section. Once we receive a request, we will take steps to verify your request. We will ask for information that is reasonable in light of the nature of your request.
If an authorized agent is used to make a request on your behalf, we require the authorized agent to provide proof that you gave them permission to submit the request on your behalf. We may also require you to verify your identity directly with us.
Sale of Personal Information
KX Pilates does not sell or share personal information in exchange for money. However, we may share personal information with our partners to understand how you use the Services, to customize your experience, and to market to you. In addition, KX Pilates uses cookies and similar technologies to analyze website usage and assist in marketing efforts (including targeted advertising). In some cases, sharing for these purposes may be considered a “sale” under California law. California law defines “sale” broadly to include any disclosure of information in return for any value. The value does not need to be monetary like in a traditional sale.
The categories of personal information disclosed that may be considered a “sale” under California law are Identifiers, User-submitted Content, Device Information, Internet or Other Electronic Network Activity, and Inferences.
The categories of third parties to whom personal information was disclosed that may be considered a “sale” under California law are Third-Party Partners, Advertising Partners and Social Media Networks.
You can learn more and opt out of the use of your information for these purposes by clicking the “Do Not Sell or Share My Personal Information” link on our Site and App.
We also recognize the Global Privacy Control as a valid request from you to opt out of certain analytics and advertising cookies (and similar technologies).
Your request to opt-out of cookies (and similar technologies), including through use of the Global Privacy Control, will be linked to your browser only. As such, you will need to apply these settings on each device and browser from which you wish to opt out. Similarly, if you clear your browser’s cache (such as by deleting cookies), you will have to apply this setting again.
We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.
This section contains additional disclosures for residents of Canada. If you wish to request access to or correction of your personal information, or to opt-out of the processing of your personal information or request that we delete your personal information, you may contact us at the information in the How to Contact Us section. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information.
If you are resident of Australia or New Zealand, you have the right to access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. As noted above, you have the ability to access and correct certain personal information associated with your Account by logging into your Account. You can also submit requests for access and correction by contacting us at the information in the How to Contact Us section.
As an Australian company, most of our operations are conducted in Australia and to provide the Services, personal information will be processed in Australia. When your personal information is no longer needed for the purpose for which it was obtained or to comply with legal and regulatory obligations, we will take reasonable steps to destroy or permanently de-identify your personal information.
If you have any questions or wish to lodge a complaint, you may do so by contacting us at the information in the How to Contact Us section below. If you submit a complaint, we will investigate your complaint and determine the steps that we will take to resolve it. We will contact you if we need any additional information from you and will notify you of the outcome of the investigation.
This section provides additional information for residents of the EU and UK.
International Data Transfer
As a Australian company, most of our operations are conducted in Australia and in order to provide the Services, personal information may be processed in Australia, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for international data transfers as required by applicable law. With respect to transfers originating from the European Economic Area, where applicable, the standard contractual clauses approved by the European Commission are implemented. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as specified below.
Lawful Bases for Handling Personal Information
Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, Our Use of Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to register an Account); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).
Automated Decision-Making
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.
Your Rights
To the extent required under applicable law, you have the right of:
Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, contact us at the information in the How to Contact Us section. We will respond to your request consistent with applicable law.
If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.
This section provides additional information for residents of Brazil.
International Data Transfer
As an Australian company, most of our operations are conducted in Australia and in order to provide the Services, personal information may be processed in Australia, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers.
Lawful Bases for Handling Personal Information
Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, Our Use of Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to register an Account); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Services).
Automated Decision-Making
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you. However, we use profiling and analytics to understand how people use the Services and for marketing purposes.
Your Rights
As available and except as limited under applicable law, individuals in Brazil have the rights to request:
Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, contact us at the information in the How to Contact Us section. We will respond to your request consistent with applicable law.
This section provides additional information for residents of the People’s Republic of China.
International Data Transfer
We take steps to ensure that we handle your personal information subject to appropriate safeguards. As an Australian company, most of our operations are conducted in Australia and in order to provide the Services, personal information may be processed in Australia, where laws regarding processing of personal information may be less stringent than the laws in your country. By using the Service, you consent to the transfer of personal information outside of the People’s Republic of China.
Automated Decision-making
We do not use automated processing to make decisions that may affect you significantly. However, we use profiling and analytics to understand how people use the Service and for marketing purposes. These analytics help us understand and improve the Service.
Your Rights
To the extent required under applicable law, residents of the People’s Republic of China have the right of:
Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at the information in the How to Contact Us section. We will respond to your request consistent with applicable law.
If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint.
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Services to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Services. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your password with anyone. If you have reason to believe that your Account is no longer secure, please contact us immediately at the contact information in the How to Contact Us section.
We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.
This Privacy Policy is effective as of the date at the top of this policy. KX Pilates has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Services. In the event of a material change to this Privacy Policy, we will provide a message through both our Site and App, via email, or through another communications channel we deem reasonable, informing you of such change.
For further information regarding this Privacy Policy or to make a complaint about the steps taken by KX Pilates to protect your personal information or privacy, please contact KX Pilates’ Privacy Officer at [email protected].