Introduction
At Evolt, our mission is to enable individuals who use our machines the ability to better understand and track their baseline measurements in order to assist in helping them achieve their goals. To provide a service that is consistent with our mission, Evolt collects and processes your personal data (which includes using, disclosing and storing).
Your privacy is important to Evolt and we want you to feel comfortable using our machines, website and applications (apps). This privacy policy informs you of what information we collect, how we handle it and your data rights.
This Privacy Policy explains how Evolt IOH Pty Ltd (“Evolt”, “we” or the “Company”) processes your personal data under relevant legislation, including the Privacy Act 1988 (Cth) (including the Australian Privacy Principles), the General Data Protection Regulation (EU) 2016/679 (GDPR), the California Consumer Privacy Act (CCPA) and any other applicable legislation which is relevant to our users.
What is Personal Data
At Evolt, our mission is to enable individuals who use our machines the ability to better understand and track their baseline measurements in order to assist in helping them achieve their goals. To provide a service that is consistent with our mission, Evolt collects and processes your personal data (which includes using, disclosing and storing).
Your privacy is important to Evolt and we want you to feel comfortable using our machines, website and applications (apps). This privacy policy informs you of what information we collect, how we handle it and your data rights.
Personal data is any information relating to an identifiable living person; an identifiable living person is one who can be identified, directly or indirectly, including by reference to an identification number, name, contact details, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
Personal Data we Collect
When you use our machines or register with our website or apps.
When you use one of our machines to undertake a scan, or register with our website or apps, we collect personal data about you, either as a result of the body scan, from where you input such information into our machine, website or app, or automatically as a result of cookies or similar technology.
Data you provide
The personal data you input will include the following information for us to create a user profile and account, have a means to contact you, update you on services and to more effectively analyze your fitness and goals. We may also use this information to notify you of events or competitions where you have opted in to receive these services:
- Name
- Gender
- Date of birth
- Contact details such as phone number and email address
- Location of machine where scan is undertaken
- Activity types and levels
- Body type
- Username and password
- Photos if provided in some circumstances
Data captured through a Scan
When you perform a body composition scan on one of our machines we also collect a range of fitness and wellness data, including a range of Body Composition Attributes e.g. height, weight and body fat % measurements and other types of data relating to your physiological condition such as body measurements, wellness ratings, calories, bone mineral content and protein content. We collect this data to provide you with information on your measurement result and to help you track and achieve your goals.
We may anonymize, de-identify or aggregate data captured through body scans in order to conduct research into health, fitness and well-being. Your personal data will never be identifiable in the case of such research.
Automatic data collection through use of our website and application (app)
When you register with our website or app we may also automatically capture or track additional information about you, such as your computer or mobile phone IP address, the services or products you purchase and your location details in some circumstances.
In addition, if you access our website for information, we or third parties on our website use cookies and similar technologies which may also capture information about your IP address, your navigation of the site and the dates of access. We explain their functions and how you can disable cookies below under section 9 Cookies. We only use such automatically captured information in order to make our website operate efficiently and offer you our services effectively.
Registering for marketing information or newsletters
Contact us through our website
Subscriptions to supplements or recipes
Our legal basis for processing personal data
We process your personal data on the basis that it is necessary for the following purposes:
- For the performance of any contract that we enter with you or to take steps at your request prior to entering into a contract (for example where you create a profile or account on our machines, website or app).
- For the purposes of our legitimate interests in ensuring that we provide you with the best service possible in all our interactions with you.
- With your consent to capture health and fitness related information through our machines, website and app.
- With your consent for marketing purposes to notify you about new products, events, challenges and services, or to send you newsletters.
- For the purposes of legitimate interest relating to potential new projects where we have a commercial interest in pursuing the project; and for compliance with any legal obligation to which we are subject.
Where we process personal data on the basis of consent, this consent can be withdrawn at any time by contacting us using the details below, or in the case of marketing information, also by selecting unsubscribe within any email from us.
Data Security and Sharing
We will never sell your personal data for third-party direct marketing.
We may share your personal data with third parties in the following circumstances:
- Where you are a member of a gym or other organization owning an Evolt machine your personal data will be shared with this owner for the performance of our contract with them.
- Where we use third party information system providers (including but not limited to Amazon Web Services) who may store your personal data for us.
- Where we share your personal data with our auditors, legal or other professional advisers.
- With service providers, this includes social network providers, payment providers e.g for goods and services purchased from us with others that may manage our brand or product promotions and for others that may develop or maintain our systems or technology so we can continue to enhance and better our offering for your continued use.
- With any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries in order to support our processing of personal data under this policy.
In relation to information obtained via our website, analytics and search engine providers that assist us in the improvement and optimization of our site and subject to the cookie section of this policy.
We may combine personal data we receive about you with other information we hold about you. This includes information received from our partners or third parties
We may also disclose your personal information to third parties.
- If Evolt or its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of Evolt, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and to prevent cybercrime.
We will ensure your personal data is secured using role-based access and encryption technology as appropriate. Secure Sockets Layer (SSL) encrypts any personal information you send through our website. This technology protects your personal information as it is being transmitted over the Internet from your computer to our servers. To protect our server environment, we maintain an ongoing risk management program and use adequate industry standard practices and technologies to ensure your information is well-secured.
Transfers of your personal data to third party countries
During the course of providing services to our users located in Australia, we may disclose transfer of your personal data to persons or service providers located outside of Australia. Before disclosing transferring your personal data to any person provider located outside of Australia, we will take reasonable steps to ensure that the recipient does not breach the Australian Privacy Principles in relation to your personal data. This may include (without limitation), making enquiries with respect to the recipient’s existing data protection measures and imposing contractual obligations on the recipient to comply with the Australian Privacy Principles.
As Evolt is an Australian company, the personal data that we collect from individuals located outside of Australia, including in the European Economic Area (EEA) and the State of California, will be transferred to, or stored at, a destination outside the originating country, EEA including in Australia.
We take all steps reasonably necessary to ensure that any such transfer is made securely and that there is adequate protection in place in order to protect your personal data.
Please contact us using the details below if you wish to find out more, or if you would like to be provided with a copy of the relevant safeguards implemented in relation to the transfer.
Data Retention
For our account holders and those who have made purchases from us, we retain your personal data for the duration for which we have a contractual relationship with you (i.e. the period for which you have an account with us or the time it takes us to fulfil your order from us) and for a period of up to six years following the end of you using our services. This six year period covers account & financial aspects of your personal data.
Your health data will be deidentified and anonymized up to two years following the end of you using our services. This allows you to reactivate your account & retain historical records within that two year period.
Third Party Privacy
Cookies
Google Analytics
Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics also uses cookies to analyze your use of our website. Google will use this data on behalf of Evolt to analyze your use of the website, compile website activity reports, and render further services relating to website use and Internet use. You can prevent the cookies from being stored by changing your browser settings. You can also opt out from the collection of the data generated by the cookie and relating to your use of the website (including your IP address) by Google and the processing of such data by Google by downloading and installing the browser plugin available at the following link:
http://tools.google.com/dlpage/gaoptout?hl=de.
Facebook Pixel
Hubspot
Your Rights
PLEASE USE THE FORM BELOW IF YOU WOULD LIKE TO EXERCISE YOUR RIGHTS
Click here for Data Request – Australia
Click here for Data Request – Brazil
Click here for Data Request – Europe
Click here for Data Request – Singapore
For all USA Citizens (Excluding California), Please use the link below:
Click here for Data Request – USA
For California Based Citizens, Please use the link below:
Click here for Data Request – USA California
Your personal data is protected under data protection laws relevant to the area in which you live.
You may have a number of rights (explained below) which you can seek to exercise. You can also contact us using the details provided in the “Contact and Complaints” section below if you have any queries in relation to your rights.
If you seek to exercise your rights we will explain to you whether or not the right applies to you; these rights do not apply in all circumstances.
- Right to withdraw consent – If we have obtained your consent to process your personal data, you may withdraw your consent at any time.
- Right of access – You have a right to access the personal data we hold about you upon request. This is known as a “Data Subject Access Request”. You can exercise this right by making a request in writing, by email or by telephone using the contact details in the Contact and Complaints section below.
- Right of rectification – You can ask us to correct or update your personal data to ensure it is accurate and complete.
- Right to erasure and right to restrict processing – You can ask us to stop processing and/or to delete your personal data in certain circumstances (for example, where it is processed with your consent, or it is no longer necessary for us to process it).
Right to data portability – You have a right to ask us to provide you with your personal data in a form that suits you, and/or to provide your information to a third party.
Right to object – You have a right to object to our processing of your personal data. - Profiling and automated decisions – You have a right not to be subject to automated decisions which have a legal effect and to be protected by safeguards in respect of any profiling.
- Right to object to direct marketing – Where you have consented to receive direct marketing, you can change your mind at any time by contacting us or following the link to “unsubscribe” provided in each email we send to you. Please allow a few days for us to action your request.
Data Housing
At our company, we prioritize data privacy and compliance with Australian laws to safeguard sensitive information. When it comes to data housing and disaster recovery, we are committed to maintaining the highest standards of data protection.
To ensure compliance with Australian data privacy regulations, we offer data housing options within Australia. This approach provides our clients with the assurance that their data is stored securely and in accordance with local laws regarding data residency and sovereignty. However, we also understand the importance of having robust disaster recovery measures in place.
To ensure optimal business continuity and resilience, we may utilize offshore facilities for disaster recovery purposes. In such cases, we adhere to strict data protection protocols and contractual agreements to maintain the privacy and security of data, aligning with Australian data privacy laws.
Our approach strikes a balance between adhering to local regulations and ensuring a comprehensive disaster recovery strategy. We take great care in collaborating with our clients, implementing strong privacy measures, and mitigating risks to protect their data. By upholding these principles, we provide peace of mind and support our clients’ compliance requirements, while ensuring the safety and integrity of their valuable data.
Children’s Privacy
Evolt machines, websites and applications are intended for adults and are not intended for use by children. Evolt will not collect personal information from any person known to be under 18 years of age.
Contact and Complaints
If you have any concerns or complaints about your privacy including in relation to the Australian Privacy Principles, or the GDPR, CCPA or other privacy regulations, or you have any queries on how your personal data is processed, please contact us at:
Contact: EVOLT HQ Australia
Phone Contact: +61 75659 1958
Email Address: privacy@evolt360.com
Postal Address: 2/2 Newcastle St, Burleigh, QLD 4220, Australia
We will respond to your query or complaint within a reasonable time or the time scale required by local legislation. You also have the right to make a complaint to the supervisory authority responsible for data protection in your country.
Changes to this Privacy Policy
Evolt reserves the right to change this Privacy Policy as we make changes to our products, services and website. Please check our machines, website and app for notification of any changes to this policy. This privacy policy was last updated in July 2023.
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