PRIVACY/GDPR FOR OUR WEBSITES, APPLICATIONS, SAAS & MEMBER MANAGEMENT
Last updated 29/09/2020
Thank you for choosing to be part of our community at 12RND & UBX, doing business as UBX Training (Outside of Australia) & 12RND Fitness (Within Australia Only) (“UBX Training”, “UBX”, “12RND Fitness”, “12RND”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
When you visit our mobile applications, and use our services, you trust us with your personal information. We take your privacy very seriously. In this policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this policy that you do not agree with, please discontinue use of our Apps and our services.
This policy applies to all information collected through our mobile applications, ("Apps"), Websites, and Membership Management Systems and/or any related services, sales, marketing or events (we refer to them collectively in this policy as the "Services").
Please read this policy carefully as it will help you make informed decisions about sharing your personal information with us.
TABLE OF CONTENTS
- 01. WHAT INFORMATION DO WE COLLECT?
- 02. HOW DO WE USE YOUR INFORMATION?
- 03. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
- 04. WHO WILL YOUR INFORMATION BE SHARED WITH?
- 06. DO WE USE GOOGLE MAPS?
- 07. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
- 08. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
- 09. HOW LONG DO WE KEEP YOUR INFORMATION?
- 10. HOW DO WE KEEP YOUR INFORMATION SAFE?
- 11. WHAT ARE YOUR PRIVACY RIGHTS?
- 12. DATA BREACH
- 13. CONTROLS FOR DO-NOT-TRACK FEATURES
- 14. DO WE MAKE UPDATES TO THIS POLICY?
- 15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when registering at the Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Apps (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Apps, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, and nickname; current and former address; phone numbers; email addresses; social media; and other similar data.
Personal Information Provided by You. We collect data about health, medical records, MyZone/FitBit, and similar apps; app usage; and other similar data.
Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Apps.
We automatically collect certain information when you visit, use or navigate the Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Apps and other technical information. This information is primarily needed to maintain the security and operation of our Apps, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy: https://12rnd.com.au/legal/cookie-policy.
Online Identifiers. We collect devices; applications; tools and protocols, such as IP (Internet Protocol) addresses; device's geolocation; Radio Frequency Identification (RFID) tags; cookie identifiers, or others such as the ones used for analytics and marketing; and other similar data.
Information collected through our Apps
In short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
- Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, calendar, sensors, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
- Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
2. HOW DO WE USE YOUR INFORMATION?
In short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" for further information.
- To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Apps.
- Gain access to our clubs. Information is added to our internal Membership Management system so that you may gain access to our 12RND/UBX Clubs if you hold a valid club membership.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Medical Emergencies: In the event of a medical emergency at a 12RND/UBX club, information may be shared with officials. Please refer to your individual club's policy for details.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers.We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Apps, which will enable them to collect data about how you interact with the Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
In short: We only share information with the following third parties to provide you with the best user experience.
We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
- Cloud Computing & Platform SaaS
Amazon Web Services (AWS), Zapier, GymMaster and Google Cloud Platform
- Marketing Communications & Chat with Users
Twilio, Mailchimp, Hubspot, AWS Email Services
- Invoice and Billing
Stripe, Ezidebit, & Apple Pay
- User Account Registration and Authentication
Apple ID, Facebook Login and Google Sign-In
- Web and Mobile Analytics
Google Analytics, Hubspot, Hotjar, MangoMap GIS, Google Firebase Analytics and Google Tag Manager
- Advertising, Tracking & Targeting
Google and Facebook Ad Services
- Website & App Testing
Google Play Console, Google Firebase and TestFlight
6. DO WE USE GOOGLE MAPS?
In short: Yes, we use Google Maps for the purpose of providing better service.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime. We use information about location in conjunction with data from other data providers.
7. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Google logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.
8. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in Australia, and United States. If you are accessing our Apps from outside Australia, and United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in New Zealand, Singapore, Australia, United Kingdom, and other countries.
If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this policy and applicable law.
EU-U.S. Privacy Shield Framework:
In particular Company complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States and has certified its compliance with it. As such, Company is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
Company is responsible for the processing of personal information it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Company is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
9. HOW LONG DO WE KEEP YOUR INFORMATION?
In short: We keep your information for as long as necessary to fulfill the purposes outlined in this policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 3 years past the start of idle period of the user's account.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
10. HOW DO WE KEEP YOUR INFORMATION SAFE?
In short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Apps is at your own risk. You should only access the services within a secure environment.
11. WHAT ARE YOUR PRIVACY RIGHTS?
In short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at email@example.com.
If you would at any time like to review or change the information in your account or terminate your account, you can:
- Contact us using the contact information provided.
Opting out of email marketing: You can unsubscribe from our marketing email lists at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
- Contact us using the contact information provided.
- Use our Email & SMS Marketing Unsubscribe Tool. (Note, this will not unsubscribe you from transactional based emails or SMS updates)
Opting out of SMS marketing: You may unsubscribe from SMS messages sent from us at any time by following the instructions at the end of the SMS message delivered to you. As some notifications and messages may not contain any unsubscribe instructions, you may also unsubscribe using our SMS Unsubscribe tool. Note you may still receive service-related emails that are necessary for the administration and use of your account, reminders for your bookings, and other transactional non-marketing notifications, such as order tracking, and feedback requests.
- You may still receive SMS directly from our clubs, please contact your local Club Manager to unsubscribe should you receive messages from your local club.
12. DATA BREACH
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when UBX GLOBAL LIMITED, or 12ROUND PTY LTD believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that UBX GLOBAL LIMITED, or 12ROUND PTY LTD becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information UBX GLOBAL LIMITED, or 12ROUND PTY LTD will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
13. CONTROLS FOR DO-NOT-TRACK FEATURES
14. DO WE MAKE UPDATES TO THIS POLICY?
In short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to:
UBX GLOBAL LIMITED
Queensland House, 393 Strand
London WC2R 0LT