Privacy Policy | Evolt 360

Privacy Policy

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

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 analyse 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 anonymise, 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.

The 3D scanning aspect of our app shares personal data collected to generate digital anthropometric circumference measurements, specifically: gender, height, weight, and non-personally identifiable silhouettes. This data is processed on Amazon infrastructure in the USA by our third parties to generate digital anthropometric circumference measurements. Personal data sent from your mobile device to our third parties is processed in memory and discarded following processing.

Registering for marketing information or newsletters

If you register to receive newsletters or other marketing information we will collect personal information about you, such as your name, phone number, e-mail address and postal code or zip code.  We use your personal data to respond to your questions and provide you with marketing information or newsletters on relevant services. 

Contact us through our website

If you complete the contact us details on our website we will collect personal information about you, such as your name, phone number, e-mail address and postal code or zip code.  We use your personal data to respond to your questions and provide you with information on the specific services you select. 

Subscriptions to supplements or recipes

If you decide to subscribe to additional services, such as purchasing recipe plans or supplements, we may collect additional personal information including allergies or intolerances. You may also be asked to provide payment information to a third party payment processor. Evolt does not capture or store your payment information.

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 optimisation 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 organisations 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 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 iincluding 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 anonymised up to two years following the end of you using our services. This allows you to re activate your account & retain historical records within that two year period.

Third Party Privacy 

From time to time, we may provide hyperlinks to third party websites that we do not control. We do not accept any responsibility nor make any warranties with respect to the processing of your personal data when accessing those websites. It is your responsibility to review the privacy policies of the websites that you are accessing.

Cookies

We use cookies and similar technologies to improve your experience when using our website. Cookies are small files that your Internet browser stores on your terminal and which help us to make our websites more usable for you. Cookies also help us to generate dynamic content on our websites that may be of interest to you and, further, to statistically monitor how many people are using our websites and when which actions are being taken. We may also use cookies to determine the popularity of certain content of our websites.

Most browsers offer instructions on how to disable cookies on your terminal, for example in the “Help” section of your browser. If you do not allow us to use cookies, some of the functions of our website may not work properly.

We do not link information from cookies to other personal information without your permission and do not use cookies to collect or store personal health information about you. We do not transmit information generated from cookies to third parties.

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 analyse 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

Custom Audience Pixel, a service of Facebook Inc., (1601 S. California Ave, Palo Alto, CA 94304, USA), is a small piece of Javascript code which Evolt has placed on the customer facing website – evolt360.com. This piece of code provides a number of functions for the sending of application specific events and user defined data to Facebook. We use Custom Audience pixels in order to record information concerning the way in which visitors use our website. This pixel provides Facebook with information concerning the browser setting of the user, a hashed version of the Facebook ID and the URL which is being visited. Each Facebook user thus possesses a clear and device-independent Facebook ID, whereby it is possible to address the user via more than one device on the social network Facebook and to recognise him or her, so that we can target our visitors again for advertising purposes by means of Facebook adverts. After 180 days, the user information is deleted until the visitor accesses our website again. No personal information is disclosed to Evolt in relation to the individual website visitors and we can only solicit website customer target groups once the target customer group has reached a critical mass in terms of numbers.

Hubspot

Hubspot is a software company from the US which we use  for our online marketing activities.

These activities are:

Email marketing (newsletter, together with automated mailings, e.g., for provision of downloads), social media reporting, customer reporting (e.g., traffic sources, accesses, etc. …), contact management (e.g., user segmentation & CRM), landing page metrics and contact forms.

The legal basis for the use of Hubspot’s services is article 6 (1) f) GDPR – justified interest. Our justified interest in the use of this service is the optimization of our marketing measures and the improvement of our service quality across all Evolt customer and business interactions.

Hubspot is certified under the conditions of the “EU – U.S. Privacy Shield Framework” and it is subject to TRUSTe’s Privacy Seal, as well as the “U.S. – Swiss Safe Harbor” Framework.


Your Rights

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.  Please 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.

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: PO Box 969, Nerang QLD 4211 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 May 2020.

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