ELEVAR FITNESS APP PRIVACY POLICY

1. Introduction

1.1 This mobile application (Elevar Fitness App) is created and controlled by TechIQ

Software Pty Ltd (ACN 674 201 113) (Elevar Fitness, our, us or we).

1.2 The Elevar Fitness App is a mobile application that promotes fitness, exercise, workouts,

nutrition, macros and recipes, providing you with the ability to: (a) post, share, comment

and like photos, images, and videos of workouts routines, programs and recipes; (b)

search and save workouts routines, programs and recipes; and (c) follow other users on

the Elevar Fitness App, (collectively, the Services).

1.3 Elevar Fitness are committed to ensuring your Personal Information is protected. Elevar

Fitness manage your Personal Information in accordance with the Australian Privacy

Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

1.4 By accessing and using the Elevar Fitness App and Services you agree to this Privacy

Policy.

1.5 This Privacy Policy outlines how Elevar Fitness collect, store, process, share, use and

disclose your Personal Information, and how you may access your Personal Information

kept by us or how you may make a privacy complaint.

1.6 For the purpose of this Privacy Policy:

(a) Personal information has the same meaning that it has under the Privacy Act,

namely, information means information or an opinion about an identified

individual or an individual who is reasonably identifiable, whether the

information or opinion is true or not and recorded in a material form or not.

(b) Sensitive Information has the same meaning that it has under the Privacy

Act, namely information or opinions about your health, political affiliations,

sexual preferences, religious beliefs, racial or ethnic origin, criminal history or

other such private information.

1.7 A reference to Personal Information in this Privacy Policy includes Sensitive information

except where otherwise indicated.

2. The information Elevar Fitness collect about you

2.1. Elevar Fitness will only collect and hold Personal Information about you that is

reasonably necessary to undertake its business activities and functions, deliver the

Elevar Fitness App and Services to you, or as otherwise permitted by law.

2.2. The type of Personal Information and non-Personal Information that Elevar Fitness

collects and uses depends on the type of dealings that you have with Elevar Fitness

and includes the following:

(a) contact details and account registration information (for example, your full

name, email address, username and password);

(b) health information (for example, your gender, height, weight and fitness level)

and dietary information (for example, your dietary restrictions);

made, with us, including information about: (i) the Services you have used; and

(ii) the third party products and services you have used or enquired about;

(d) payment and billing information;

(e) device information which is automatically collected from you when you visit and

navigate through the Elevar Fitness App and use the Services. Such

information may include, but is not limited to, your device type; your device’s

network connections; unique device identifier, your device’s name; your device

IP address, screen size and calibration, information about your device’s web

browser and internet connection you use to access the Elevar Fitness App or

Services, geolocation information, browser characteristics, device

characteristics, operating system and language preferences, dates and times

of visits to the Elevar Fitness App and other usage statistics; and

(f) other information that you provide to us or that we may collect in the course of

our relationship with you.

3. Children

(a) We may collect, store, process, use and disclose the Personal Information of

children (i.e. under 18 years of age) when a child downloads, accesses and

uses the Elevar Fitness App and Services.

(b) If you are a child and your parents/guardians do not give us permission to

collect, use and disclose your Personal Information for the purposes outlined in

this Privacy Policy, you should immediately cease using the Elevar Fitness App

and Services.

profile on the Elevar Fitness App deleted, you can contact us using the contact

details set out in section 13 below.

4. How Elevar Fitness collect Personal Information

4.1. Direct collection from you

(a) We will collect Personal Information about you in a number of different ways.

Whenever possible, Elevar Fitness will collect Personal Information directly

from you during the course of our dealings with you. For example, when you:

(i) setup and create a profile on the Elevar Fitness App (including when you

edit or update your profile on the Elevar Fitness App or reset your

password) and when you access and use the Elevar Fitness App and

Services;

(ii) publish, post or submit information, material or data on, or via, the Elevar

Fitness App (for example, information relating to your workout videos

and recipes);

(iii) contact or correspond with us online (for example, when you complete

online forms, or subscribe to our publications, alerts and newsletters),

comment on our social media sites or you participate in a promotion,

competition or survey;

(iv) provide your Personal Information to third parties (such as our related

bodies corporate, business partners and service providers, credit

reporting bodies, credit providers, government agencies, public

registries, search agencies, regulatory and licensing bodies, recruitment

agencies and from publicly available sources of information (for example,

online databases and social media)); or

(v) when otherwise legally authorised or required to do so.

(b) When we collect Personal Information directly from you, we will take

reasonable steps to notify you (using a collection notice) at, before, or as soon

as practicable after, the time of collection. As a collection notice is specific to a

particular collection of Personal Information, it will provide more specific

information about our information-handling practices than this Privacy Policy.

authorised to provide such information to us.

4.2. Collection from third parties

(a) We may collect Personal Information about you from:

(i) other users of the Elevar Fitness App when you interact with such parties

on our social media linked group page, or via the Elevar Fitness App;

(ii) publicly available sources; and

(iii) other third parties (including our related bodies corporate, business

partners and service providers, credit reporting bodies, credit providers,

government agencies and cloud-based accounting software providers),

and we take reasonable steps to make sure you are aware of the collection.

(b) If a third party provides us with Personal Information about you (such as your

authorised representative or parent/guardian), we rely on them to:

(i) inform you that they are providing your Personal Information to us; and

(ii) advise you that you can contact us for further information about our privacy

practices.

reasonable steps to ensure that you are aware of, and consents to, the matters

outlined in this Privacy Policy, including that your Personal Information is being

collected, the purposes for which that information is being collected, the intended

recipients of that information, the individual's right to access that information, who

we are, and how to contact us.

5. How Elevar Fitness use your Personal Information

5.1. Elevar Fitness use and disclose your Personal Information and non-Personal

Information for the purposes for which the information is collected, including (but not

limited to):

(a) providing you with access to, or use of, the Elevar Fitness App and Services

(including, but not limited to, images and videos of workout routines, programs

and recipes made available to you on, via, the Elevar Fitness App);

(b) personalising and customising the content, resources, products and services

and advertising on the Elevar Fitness App;

(d) informing you about the Elevar Fitness App and Services (including images

and videos of workout routines, programs and recipes, third party products and

services or other matters which we believe are of interest to you (such as

recruitment or business opportunities));

(e) sharing with Elevar Fitness’s Third Party Providers;

(f) administering, improving and managing the Elevar Fitness App and Services

(including content on the Elevar Fitness App);

(g) verifying your account, identity, and activity on the Elevar Fitness App;

(h) for direct marketing purposes (see section 7 below); and

(i) complying with our legal and regulatory obligations.

5.2. We do not sell, share, disclose your Sensitive Information to other users of the

Elevar Fitness App or any third parties.

6. Disclosure to Third Parties

6.1. Third Party Providers

(a) In order to provide or deliver the Elevar Fitness App and Services to you,

Elevar Fitness may disclose your Personal Information to:

(i) Elevar Fitness’ affiliates, related bodies corporate, business partners,

service providers, third party contractors, agents or suppliers, external

business advisors or other authorised external service providers who

perform functions on Elevar Fitness’ behalf (such as credit reporting

bodies, credit providers, third party payment processors, hosting

companies (such as Amazon Web Services), web and app developers,

internet service providers, telecommunication providers, IT security

providers, customer service providers, customer support specialists,

fulfilment companies, external business advisors (such as auditors and

lawyers), mobile advertising platforms (such as AdMob), government

agencies, public registries, search agencies, regulatory and licensing

bodies, recruitment agencies and from publicly available sources of

information (for example, online databases and social media)) (collectively,

Third Party Providers); and

(ii) law enforcement bodies or regulatory authorities to assist with their

functions, or as otherwise required or authorised by law.

(b) You may share your posts on the Elevar Fitness App (which may include

Personal Information) with other users of the Elevar Fitness App. Users of the

Elevar Fitness App may share, post or re-post your posts on the Elevar Fitness

App (which may include Personal Information) with other users of Elevar

Fitness App.

Fitness will take such steps as reasonable in the circumstances to ensure that

the Third Party Providers treat your Personal Information securely and

otherwise complies with the relevant Australian Privacy Principles in relation to

the Personal Information.

7. Marketing communications

7.1. Elevar Fitness may use and disclose your Personal Information to send you

information about the Elevar Fitness App and Services, as well as other content,

resources, products and services offered by Elevar Fitness or third party providers

of good and services) and other information that may be of interest to you. Elevar

Fitness may send this information to you in a variety of ways, such as by email,

SMS, telephone, social media or by customising online content and displaying

advertising through the Elevar Fitness App.

7.2. If you do not wish to receive any of these marketing communications, you can opt

out by following the unsubscribe instructions included in the relevant marketing

communication, or by contacting Elevar Fitness using the contact details set out in

section 13 below.

8. Overseas disclosures of Personal Information

8.1. In the course of providing you with the Elevar Fitness App and Services, it may

become necessary or desirable to disclose Personal Information to Third Party

Providers located overseas. The countries in which these overseas recipients may

be located will depend upon the individual circumstances.

8.2. The laws where these overseas recipients may be located provide various levels of

protection for Personal Information which are not always equivalent to the level of

protection that may be provided for in Australia. Where Elevar Fitness transfer your

Personal Information overseas, Elevar Fitness will take reasonable steps to ensure

that your Personal Information is treated securely and the means of transfer

provides adequate safeguards.

9. Notifiable Data Breaches Scheme

In the event of any loss, or unauthorised access or disclosure of your Personal

Information that is likely to result in serious harm to you, Elevar Fitness will investigate

and notify you and the Australian Information Commissioner as soon as practicable, in

accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

10. Security of your Personal Information

10.1. Elevar Fitness take steps reasonable in the circumstances to ensure that the

Personal Information it holds is protected from misuse, interference and loss and

from unauthorised access, modification or disclosure.

10.2. The transmission of information via the Internet is not completely secure. Elevar

Fitness cannot guarantee the security of your data transmitted to or via the Elevar

Fitness App and any transmission is at your own risk.

10.3. Elevar Fitness will destroy or de-identify Personal Information in circumstances

where it is no longer required, unless Elevar Fitness are otherwise required or

authorised by law to retain the information.

11. Accessing and correcting your Personal Information

11.1. Elevar Fitness take steps reasonable in the circumstances to ensure Personal

Information Elevar Fitness hold is accurate, up-to-date, complete, relevant and not

misleading. Under the Privacy Act, you have a right to access and seek correction

of your Personal Information that is collected and held by Elevar Fitness.

11.2. If at any time you would like to access or correct the Personal Information Elevar

Fitness hold about you, or you would like more information about Elevar Fitness’s

approach to privacy, please contact Elevar Fitness via the contact details set out in

section 13 below. If Elevar Fitness refuse your request to access or correct your

Personal Information, Elevar Fitness will provide you with written reasons for the

refusal and details of complaint mechanisms.

12. Cookies and Google Analytics

12.1. Elevar Fitness use small text files placed on your computer called ‘cookies’ to

collect standard log and visitor behaviour information in an anonymous form. Elevar

Fitness use this information to analyse how visitors use the Elevar Fitness App and

our website and to compile statistical reports on Elevar Fitness App and website

activity. You can set your computer or device to reject cookies, but this may affect

your ability to use certain parts of the Elevar Fitness App or website.

12.2. Services that the Elevar Fitness App may use from time to time include Google

Analytics, which transmits website traffic data to Google servers. Google Analytics

does not identify individual users or associate your IP address with any other data

held by Google. We use reports provided by Google Analytics to help us

understand traffic and usage on our website. By using the Elevar Fitness App, you

consent to Google processing your data in the manner described in Google’s

this Privacy Policy.

12.3. Google may pass on cookies to its partners and other third parties to achieve its

purposes. For more information on how Google uses the information collected from

cookies, and how you can opt out of this feature please see Google’s Privacy

Policy. You can also view Google Analytics’ currently available opt-out (see

https://chrome.google.com/webstore/detail/google-analytics-opt-

out/fllaojicojecljbmefodhfapmkghcbnh/related?hl=en-GB).

13. Privacy complaints

If you have any complaints or issues you wish to raise with Elevar Fitness regarding the

way Elevar Fitness have handled your Personal Information, or you would like to discuss

any issues about Elevar Fitness’s Privacy Policy, please contact Elevar Fitness directly

by email at development@elevarfitness.com.

14. Changes to this Privacy Policy

From time to time, it may be necessary for Elevar Fitness to review and revise its

posting an updated version on the Elevar Fitness App. Elevar Fitness encourage you to

check the Elevar Fitness App from time to time to ensure you are familiar with Elevar

Fitness’s latest Privacy Policy.