1. Privacy Statement
Fit By Ellie Pty Ltd ACN 663 025 705 atf ERG Trust ABN 62 616 566 865 (“Fit by Ellie“) respects your privacy and is committed to complying with privacy obligations under the Privacy Act. This Privacy Policy seeks to inform Stakeholders of the way we handle and treat your Personal Information, including how and why personal information is collected, stored, used, disclosed and protected by Fit by Ellie.
2. Application
In this Privacy Policy:
(a)”personal information” has the definition given to it under the Privacy Act.
(b) “privacy act” means the Privacy Act 1988 (Cth).
(c)”sensitive information” has the definition given to it under the Privacy Act.
(d)”stakeholders”, “you”, “your” and “yourself” refers to the individual about whom we collect personal information.
(e)”we”, “our” and “us” refers to Fit by Ellie.
(f) “website” means https://fitbyellie.com/.
This Privacy Policy:
(a) applies to all instances where personal information is collected from you or from third parties; and
(b) must be adhered to by all Fit by Ellie employees, contractors, board members, volunteers, agents and representatives that have access to personal information.
Other Fit by Ellie terms and conditions may also apply to you in addition to this Privacy Policy e.g., our Terms & Conditions.
3. Commencement
This Privacy Policy will commence from December 2023 and replaces all other privacy policies of Fit By Ellie. This Privacy Policy may be amended from time to time, without further notice to you. Where there has been a material change to this Privacy Policy, we will notify you by email or by putting a notice on our website.
Your continued use of our website and services, ordering of products or provision of further personal information to us once you have been notified of the revised Privacy Policy constitutes your deemed acceptance of the revised Privacy Policy.
4. What personal information do we collect?
Personal information
We will only collect personal information from you that is necessary and relevant to our relationship with you, including to enable us to provide to you the best possible service and customer experience. While the precise nature of the personal information we may require will depend on the specific products and/or service(s) that we are providing to you and the exact nature of our engagement and relationship with you, we may request that you provide some or all of the following information, including information that:
• we may require to initially identify you, including your name, date of birth, business or company names and numbers, home address and or business address;
• Information that we can use to contact you, including your telephone number, mobile number, email address, work address, mailing address;
• we need to employ or otherwise make payments to you or your business/company, such as your name, title, date of birth, citizenship, residency status, qualifications, work history, education history, bank account details, superannuation details, details of any relevant licences, uniform size, basic medical information (such as injuries or allergies) and contact details; and
• may assist us with the provision of services to you, such as your weight, height, body mass index and other body measurements.
Sensitive information
The Privacy Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records, health information and sexual preferences). There may be times where we need to collect sensitive information, for instance if we are providing services to you and you wish to disclose any health information to us to allow us to tailor the services to your needs or if you are applying for a job with us. However, we would not do so without first obtaining your consent.
Anonymity and Pseudonymity
Fit by Ellie understands that when dealing with Fit by Ellie, some members of the public may wish to remain anonymous or use a pseudonym. Although anonymity is an important element of privacy, there are limited circumstances where Fit by Ellie allows this, such as when you submit a general enquiry with Fit by Ellie or browse our website. Fit by Ellie is not required to allow such anonymity or pseudonymity if it is impracticable to do so, or it is otherwise required by law.
In general, you can browse our website without telling us who you are or revealing any personal information about yourself. We are however, able to determine your IP address.
5. How we collect Personal Information
Fit by Ellie will collect Personal Information in a number of ways, including:
• directly from you or when relevant another party, for example when you complete forms provided to you by Fit by Ellie or when you provide us with information by phone, paper, email or in agreements;
• from our own records of how you use our services;
• your use of our website and cookies. A ‘cookie’ is a small file stored on your computer’s browser, which assists in managing customised settings of the website and delivering content. Cookies can facilitate a user’s ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. You can change the settings in your browser to control how your browser deals with cookies; and/or
• from a third party or stakeholder as authorised by you.
6. Confidentiality of Personal Information
Except as otherwise described in this notice, all personal information that is not public information will be treated as confidential at all times. We restrict access to personal information about you to employees or contractors of Fit by Ellie, who must use that information to provide goods and/or services to you.
7. How we store personal information
We want you to have continuing trust in Fit by Ellie and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.
When you enquire about our products and services or become a customer or employee of Fit by Ellie, a record is made which includes your personal information. We hold your personal information at our office in both paper-based files in secured storage compartments, and other electronic record keeping methods in secured databases.
Physical records
Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure. Fit by Ellie maintains physical security over paper-based documents onsite including through locks.
Electronic records
Electronic data is securely stored on Fit by Ellie’s server(s), through the use of firewalls (security measures for the internet) and other security systems at our premises, such as, user identifiers and passwords to control access to our computer systems. Personal information is only taken off site via the daily Fit by Ellie server backup which is also secured and encrypted.
Third party storage providers
We may store electronic records of your personal information with other third parties, including but not limited to:
(a) third party database storage providers, which may be based in Australia and/or overseas; and/or
(b) third party agronomic software and stored on a secured electronic cloud server.
Fit be Ellie takes all reasonable measures to ensure that third party providers store any personal information in a safe and secure place.
8. How long do we retain your Personal Information?
Retention periods
We will only keep your personal information we hold for as long as is necessary for the purposes set out in this Privacy Policy or as required to comply with any applicable legal obligations. The retention periods we apply to personal information take account of:
• legal and regulatory requirements and guidance;
• limitation periods that apply in respect of taking legal action;
• our ability to defend ourselves against legal claims and complaints;
• good practice; and
• the operational requirements of Fit by Ellie’s business.
Personal information obtained by mistake
Personal information that is collected by mistake and is not required for the purpose of carrying on Fit by Ellie’s business will be destroyed as soon as it is identified as information that is deemed to be sourced incorrectly.
If Fit by Ellie receives unsolicited personal information that is deemed to be necessary for the purpose of carrying on the business, Fit by Ellie will contact the stakeholder and seek the consent of the stakeholder to retain the information.
9. Why we need to collect Personal Information
Fit by Ellie collects Your Personal Information for a range of purposes relating to our functions and activities, including to:
• provide and improve optimal products, services and information;
• deliver a more personalised experience and product and service offering;
• employ you; and
• conduct a range of internal administration activities relating to you, including investigating and handling complaints, processing applications, administering billing services and complying with legal requirements.
10. What happens if you don’t provide the Personal Information we have requested?
It is entirely your choice as to whether you provide us with your Personal Information. However, if you do not provide the Personal Information we have requested, we might not be able to:
• provide some of the products or services which you require;
• provide you with specific website features and online browsing features;
• properly investigate or resolve any complaints made by you;
• processes applications for services, employment or other assistance;
• provide you with tailored products or services; or
• create a Fit by Ellie account for you.
11. How we use and disclose personal information
Primary Purpose
We may use or disclose your personal information for the primary purpose for which it was collected (“primary purpose“) being, any purpose that could be reasonably expected of Fit by Ellie. This might include but is not limited to:
• to fulfil obligations under any agreement and/or any other contract between you and us;
• to render services under your engagement with us;
• to provide information about products, service and/or special offers to you;
• to record statistical data for marketing analysis from you;
• to process and consider an application for employment;
• to promote and market all current and future Fit by Ellie businesses, venues, products and services and to inform you of the products and services of any commercial partners;
• to administer contests, promotions and surveys and facilitate your entry into competitions run through the website;
• to assist with our internal business processes;
• for use in direct marketing of promotions, products and services that we think might be of interest to you, including to add to a database compiled by us for this purpose;
• to conduct market research and/or to improve our products and service offerings;
• set up and activate your account or membership with Fit by Ellie;
• consider your request for a product or service;
• enable us to provide a product or a service to you;
• coordinate delivery of your products;
• facilitate and process your orders and payments;
• carry out or respond to your queries or requests;
• provide information to you that you have requested;
• provide additional information to you as requested by you and to respond to your queries about our products;
• facilitate product reviews and to seek your feedback in relation to particular products, customer satisfaction and our relationship with you and to manage any customer complaints;
• to monitor or improve the quality and standard of service that we provide to you;
• for regulatory reporting and compliance with our legal obligations;
• to notify you of offers that may be of interest to you; and
• to better understand your preferences.
Secondary Purpose
We only use personal information for the primary purpose unless you have provided us with your consent. Any disclosure of your personal information (excluding sensitive information) for a purpose other than the primary purpose or in relation to the primary purpose (“secondary purpose“) will be in accordance with requirements under Privacy Act or other applicable laws or with your consent.
Pursuant to the Privacy Act, disclosure for a secondary purpose is generally not allowed unless an exception applies. some exceptions include where:
• you would reasonably expect Fit by Ellie to use or disclose Your Personal Information for the Secondary Purpose;
• the secondary use or disclosure is required or authorised by law or court or tribunal order;
• a permitted general situation or health situation exists in relation to the secondary use or disclosure; and/or
• by Ellie reasonably believes that the secondary use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
If you have provided us with your personal information and do not wish to receive further information from Fit by Ellie, you can send us an e-mail at admin@fitbyellie.com and tell us that you do not want to receive future communications.
Disclosure
We may share your personal information (excluding information that is considered sensitive information) in circumstances where disclosure is associated with the primary purpose. We may share such information with Fit by Ellie’s affiliates, contractors, dealers or other business partners to support your customer relationship with Fit by Ellie and to better service you. We will not give or sell this information to any other company for its use in marketing or solicitation and we will not disclose any sensitive information to any other party without your consent.
We may disclose this information:
• to any third-party suppliers of our products or services, including third party application owners or licensors;
• to our third-party service providers to assist us in providing and improving our services to you, and to analyse trends in sales and better understand your needs or to develop, improve and market our products and services to you;
• for regulatory reporting and compliance with our legal obligations; or
• to our agents, successors and/or assigns.
12. How to access personal information or ask for a correction
Access
We take reasonable steps to ensure that the personal information that we collect, and hold is accurate, complete and up to date. However, we rely on you to advise us of any changes to your personal information to help us maintain accurate, complete and up-to-date information.
You can access the personal information we hold by contacting us in writing and confirming who is requesting access to the personal information and for what purpose. On certain occasions, one of our employees may need to identify the person requesting the information. This is usually done by asking the stakeholder to confirm their identity by providing a copy of the stakeholder’s license or coming into our office in person. By taking this extra step, we are ensuring that the personal information provided is going to the correct person and that personal information is not accessed incorrectly or fraudulently.
Correction
If you consider that there is any personal information that we hold about you that is inaccurate, out of date, incomplete, irrelevant or misleading, you are entitled to request correction of the personal information. After receiving a request from you, we will take reasonable steps to correct your personal information. If we make a correction and we have disclosed the incorrect information to others, you may ask that we notify the recipient of the correction.
13. Website
IP Address
When you browse or use our website, we are able to determine your IP address. We use your IP address to help diagnose problems with our server, to administer our website, to measure the use of our website and to improve the content of our website. Basically, we use your IP address to gather aggregate demographic information.
Encryption technology
Our website does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.
Third Party Links
The Fit by Ellie website contains links to other non- Fit by Ellie websites. Fit by Ellie is not responsible for the privacy practices, or the content of such websites and you should exercise your best judgement when sharing personal information on these websites.
14. Lodging a complaint and complaint handling
Complaints to Fit by Ellie
If you wish to make a complaint about a breach of this Privacy Policy or the Australian Privacy Principles established pursuant to the Privacy Act, you can contact us using the contact details below. You will need to provide us with sufficient details regarding your complaint as well as any supporting evidence and information.
Your complaint will be referred to our Privacy Officer. The Privacy Officer will investigate the issue and determine the steps that we will undertake to resolve your complaint. You can contact the Privacy Officer using the details set out below. We will contact you if we require any additional information from you and will notify you in writing of the outcome of the investigation.
Email: admin@fitbyellie.com
Website: https://fitbyellie.com/
Complaints to the OAIC
If you are not satisfied with our response or we fail to provide a response to your complaint within 30 days of receipt of your complaint, you can lodge a privacy complaint with the Office of the Australian Information Commissioner (OAIC). The contact details for the OAIC are set out below:
Post: GPO Box 5288, Sydney NSW 2001
Ph: 1300 363 992
Fax: (02) 9284 9666
Website: https://www.oaic.gov.au/