PRIVACY POLICY

Shira Kramer Pty Ltd
Effective Date: 27 November 2017

Shira Company Pty Ltd ACN 618 991 807  (“us, we, our” or “Company”) are committed to protecting the information about you that we collect, store and use when you provide it to us at our website: www.shirakramer.com.au (Website). We manage your information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

This document describes how we collect, use, disclose, transfer, store, manage and safeguard any personal information we have collected about you from the Website. By accessing the Website, you accept the terms and conditions of its use (Terms of Use), and consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy and the terms and conditions of use of the Website.

IF YOU DO NOT AGREE WITH OUR PRIVACY POLICY, PLEASE DO NOT CONTUNUE TO USE THE COMPANY’S SERVICES.

If you have questions or complaints regarding our Privacy Policy or practices, or believe that your privacy has been breached, please contact us at hello@shirakramer.com.au and provide details of the incident so that we can investigate it. We request that all complaints be made in writing, so that we can be sure about the details of the complaint. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act, if applicable).

For further information about Your rights to privacy and Your rights under privacy law, please visit the Office of the Australian Information Commissioner at http://www.oaic.gov.au.

INFORMATION WE COLLECT

Personal information

When you register to become a member of any of our programs on or through the Website, or when you register your interest to sign up to our email list or hear from us in the future, you may be asked to complete an online form or survey to submit different information about you to us.

We may collect information you provide to us directly and for the purpose of identifying you when you sign up or create an account, such as your name, date of birth, email address, postal address, delivery address from purchases made in our store, phone number, information that allows us to process your payment to us, such as bank account details and credit card details, contact preferences.

We may collect User-Generated Content (as defined in our Terms of Use) that you submit, post or display on or via the Services, such as data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials.

Non-Personal Information

We may collect Information regarding your activities while you are using our Services, such as your web requests Internet Protocol (“IP”) addresses, browser types, referring/ exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. This information is aggregated and used to help us provide more useful information to our Users and to understand which parts of our Services are most relevant. Aggregated data is considered non‑personal information for the purposes of this Privacy Policy.

We may collect details of how you use our services, including search queries, the types of content you view or engage with or the frequency and duration of your activities, which may be used to improve the results provided by our services or help our developers improve our Services.

If we combine non-personal information and personal information we have collected, the combined information will be treated as personal information for as long as it remains combined.

Mobile Device Information

When you use a mobile device to access Company Services, we may access, monitor, collect, store on your device, or remotely store, small data files which identify your device. These files may deliver information to us or to a third party partner about how you use the Service and may help us provide personalised content and ads or reports. You can elect to disable these identifiers on your device, though some features of the Service may not function properly. We may ask to collect information from your device’s camera roll or address book, however we will only be able to access this information with your consent.

Metadata

We may collect metadata, which is technical data that can describe the details of how User-Generated Content was collected and how that content is formatted. Metadata such as hash-tags to mark keywords or geo-tags that mark your location, and enables User-Generated Content more interactive and easier to search.

Advertisements

We may partner with a third party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner may use cookies and Web beacons to collect non-personally identifiable information about your activities on the Website and other websites that you may visit to provide you with targeted advertising based upon your interests.

Social Media

The Website includes social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

Competitions

From time to time, we run promotions or competitions or campaigns as part of our business and marketing endeavours. As part of these competitions and promotions, we may ask you to submit additional personal information about yourself, such as height, age, fitness level and nutrition.

HOW WE COLLECT INFORMATION

We will use reasonable endeavours to only collect information directly from you. If you are disclosing details of another person (for example, a minor on whose behalf you are registering), it is your sole responsibility to ensure that that person understands and consents to the collection, use and disclosure of their personal information in the manner set out in this Privacy Policy.

HOW WE USE INFORMATION

Personal Information

We collect, hold and use your personal information to provide the Services to you and to operate the Website. This includes using personal information to:

  • Contact you or respond to your queries;
  • Display, update and maintain the content of the Website;
  • Tailor your experience of the Website and our communications to you; and
  • Send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events.

We also use personal information to help us create, develop, operate, deliver and improve our products, services and content, and for loss prevention and anti-fraud purposes.

We may use your personal information, to verify identity, to compile and report statistics, with all the relevant personal and/or proprietary information de-identified prior to the completion of such statistics, assist with identification of users or for internal purposes such as auditing, data analysis and research to improve the Company’s products and Services.

If we collect information from you as part of any competitions or promotions, we use the information that we collect in profiling your fitness, displaying the results of competitions, promoting the service and encouraging other members of the Website.

The Company may use your personal information to communicate important changes regarding our terms, conditions, and policies.

We may also use the information that we collect from you to advertise our services and the Website (however, we will seek your consent before we use your photograph publicly for this purpose), for our internal administrative, marketing and planning requirements and for purposes that are expressly permitted under any agreement with you.

Non-Personal Information

We may collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose this kind of non-personal information for any purpose.

Testimonials

We may publish customer testimonials on our website, in social media profiles, on our YouTube channel and within advertising creative material from time to time. These testimonials may contain personally identifiable information. We obtain your written consent at the time the testimonial is recorded. If you want your testimonial removed please contact us at hello@shirakramer.com.au

Forums and Members Boards

Our Website (and/or Programs) may offer blogs, membership boards, comment sections, community forums or noticeboards from time to time that may be publicly accessible (or accessible by other users of the Website). You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at hello@shirakramer.com.au In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

SHARING INFORMATION

Cookies and other Technology

The Company’s websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags, scripts and web beacons. These technologies tell us where our Users have visited, which helps us to measure the effectiveness of advertisements and web searches, and to better understand user behaviour. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We treat information collected by cookies and other technologies as non-personal information. However, pursuant to relevant jurisdictions, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information, we will treat this as personal information.

The Company may also use cookies and other technologies to record personal information when you use our Services, to identify you and to help us personalise your operating system and provide you with a better Service. Users can control the use of cookies at the individual browser level.

We use Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Website.

If you wish to opt out of the Google Analytics data collection, you may do so on

Google’s website at https://tools.google.com/dlpage/gaoptout/.

Using these types of technologies, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information (which does not identify individual users) to analyse trends, to administer the Website, for marketing and advertising purposes and to track users’ movements around the Website and to gather demographic information about our user base as a whole.

We may use a “click-through URL” linked to content on the Company website in our communication with you. When you click on URLs they pass through a separate web server before arriving at the destination page on our website. This data is tracked to assist us to determine interest and measure the effectiveness of our communication with you. Pixel tags enable us to send email messages in a format you can read, and tell us if an email has been opened.

If you want to disable cookies on your mobile device, check with your provider to find out how to disable cookies. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our site may be limited.

If you do not wish to receive ads targeted to your interests from the Company’s advertising platform, you can also chose to disable this feature.

Disclosure to External Service Providers and Third Parties

We do not disclose contact information about you publicly or to other third parties by us unless it is authorised or required by law (or when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us in relation to the Website) or as otherwise outlined in this Privacy Policy.

The Company may make certain personal information available to third party External Service Providers that provide Content or assist the Company with our Services.

The Company may also share personal information with third party External Service Providers who provide services such as information processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These providers are obligated to protect your information.

From time to time, we will also disclose your personal information (on a confidential basis) to agents and others that we use in the ordinary operation of our business, such as accounts and billing, shipping, marketing and promotion, user experience research and surveys, website hosting and support and maintenance. We will only disclose your information to the extent required for the limited purpose of the third party providing services contracted to us so that we may service you. We will not share your personal information with third parties for their marketing purposes.

We may display personal information about you (including your health information and your profile photograph) on the Website or through our Programs or other platforms from time to time. This is for the purposes of publicly profiling your fitness, displaying the results of competitions, promoting our services and Website and encouraging other members. If you do not wish this to happen, then you must contact us where directed below

We may display your User-Generated Content as part of the Website or through our Programs or Platforms from time to time. The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user submitted content. We will use reasonable endeavours to implement your selection.

While we store the majority of the personal information that we collect from you on our computer server at our Australian business premises, we may from time to time store some of the information in a computer server located in the United States. Our data is stored on a secure, centralized database available and accessible via a cloud-based storage platform (and secure hard drive at our business premises). All of your personal information will be accessible and available using your Members’ login on our Website. We will take such steps as are reasonable in the circumstances to ensure that any overseas recipient of your personal information (if applicable) does not breach the Australian Privacy Principles

Other

The Company may disclose your personal information where it is required by law or at the request of a law enforcement authority or an authorised government body, within or outside your country of residence.

We may also disclose aggregated data (in a form that does not identify you individually) to our advisors for the purposes of conducting market and user experience analysis.

We may disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or Users.

Additionally, in the event of a merger or sale we may transfer any and all personal information we collect to the relevant third party.

PROTECTION AND MAINTENANCE OF PERSONAL INFORMATION

The Company protects the security of your personal information when in transit using encryption. All cloud data is stored in encrypted form including when we utilise third-party storage. When the Company stores your personal data, we use the highest available security measures.

We use physical, electronic and procedural safeguards and use reasonable endeavours to protect your Personal Information that We collect and maintain from misuse, interference, loss, unauthorised access, modification or disclosure while it is in our possession. However, except in respect of any non-excludable guarantees under Australian Consumer Law, we cannot and do not guarantee the security of transmission or the security of our electronic and/or physical storage facilities. We cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.

For removal of doubt, no method of transmission of information over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk. If you have any questions regarding security you can contact us at hello@shirakramer.com.au

Your User-Generated Content may be visible to other Company Users and can be collected, or used by them. Information shared, including calendars, location, photos and other, using sharing tools may be downloaded on to that third-party device thereby disclosing any such shared information. You are responsible for the personal information you choose to share or submit via our Services, so we encourage you to be mindful in this regard.

You are solely responsible for maintaining the security of your passwords and/or any account information. We will destroy or de-identify your personal information when it is no longer needed or required to be kept by law or to provide services to you.

Please note that, as you may continue to have access to your account for four (4) months after your service subscription expires, we will continue to retain your personal information on the Website so that you may access it. You can manually delete your personal information on the Website by accessing your account. We will also preserve the content of any email or information you submit if we believe we have a legal requirement to do so, or if any form of email abuse is suspected. You may request us to remove your content at any time.

If you use our Website to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.

MARKETING MATERIAL

We may use your personal information to provide you with material, promotions and communications from time to time about services and products available to you from us, or from other service providers in partnership with us, or to invite you to continue to use our services. This information will only come from us. We will not on-sell your personal information to other providers without your consent. You may opt out of receiving promotional materials from us at any time by contacting us at hello@shirakramer.com.au or by following the ‘unsubscribe’ link on the relevant promotional emails.

LOCATION-BASED SERVICES

We may ask to track location-based information from your mobile device while downloading or using our Website or Services in order to tailor your experience. To provide location-based services, the Company and our third Party External Service Providers collect, use, and share precise location data, including the real-time geographic location of your mobile device. If you don’t grant permission, then we do not collect any location-based data.

Location-based services may use GPS, Geofilters, Bluetooth, and your IP Address, together with crowd-sourced Wi-Fi hotspot and cell tower locations, or other technology to determine your approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used only to improve location-based products and services. Some location-based services offered by the Company require your personal information for the feature to work.

THIRD-PARTY SITES AND SERVICES

The Company’s Website, products, applications and Services may contain links to third party websites, products, and services.  We may also use or offer products or services from third parties. Information collected by third parties, which may include location data or contact details, is governed by their privacy policy.

INTERNATIONAL USERS

The information you provide to us may be transferred or accessed around the world, only as described in this Privacy Policy. The Company adheres to the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System which provides a framework for organisations to ensure protection of personal information transferred among participating APEC economies. The Company will also use approved Model Contractual Clauses for the international transfer of personal information collected in the European Economic Area and Switzerland. To the extent possible, the Company complies with the relevant laws in relation to data sharing and privacy in the foreign jurisdictions where our Services are made available.

CHILDREN

Persons between the age of 15 may not become Members or otherwise use the Services without written and verifiable parental consent. We can provide parents with access to their child’s personal information in order for them to consent to its collection and use and/or review or delete it if they wish. We do not use the Website or Services to knowingly solicit information from or market to children under the age of 15. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. Following such notification, we will delete such information from our databases within a reasonable time. Parents may also discuss with us the prevention of further collection or use of the information. We always maintain the confidentiality, security and integrity of the information we collect from children and in accordance with the Australian Privacy laws and COPPA legislation.

ACCESSING PERSONAL INFORMATION

It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access the information we hold about you, please submit a request to hello@shirakramer.com.au or by logging into your account and making the appropriate changes.

If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. You may also request that we delete the personal information that we hold about you. Please note that if we delete your contact information, we may not be able to provide you with the subscribed service.

If you request us not to use personal information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your information if you subsequently consent to the disclosure or we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law. If you know the information we hold about you is not accurate or complete, please notify us. We will respond to requests for access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

YOUR CONSENT

By using our Services and Website, and providing us with Personal Information, you are consenting to our collection, use, storage and disclosure of your Personal Information as set forth in this Privacy Policy.

PRIVACY CONCERNS

If you have any concerns about how we handle your personal information or require further information, please contact the Privacy Officer at hello@shirakramer.com.au Also use this contact if you no longer consent to receiving marketing material from us, or to the posting of your personal information on the Website.

This document represents our policy as at 27 November 2017. We may change this document from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Website prior to the change becoming effective.

Although we intend to observe this Policy at all times, it is not legally binding on us in any way. From time to time we may regard it as necessary or desirable to act outside the Policy. We may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation.

We encourage you to regularly review this statement to inform yourself of any amendments.

For further enquiries, CONTACT: hello@shirakramer.com.au