Privacy Policy

Introduction
At Evolt, our mission is to enable end users and consumers the ability to better understand and track their baseline measurements that can assist in helping them achieve their goals. In order to provide a service that is consistent with our mission, Evolt needs to process (which includes collecting, using, disclosing and storing) your personal data.

This Privacy Policy explains in general terms how EVOLT IOH Pty Ltd (“EVOLT”, “we” or the “Company”) (Company No:) processes your personal data under the Privacy Act 1988 (Cth) (including the Australian Privacy Principles) and the General Data Protection Regulation (EU) 2016/679 (the GDPR) and any other applicable legislation which is relevant to our users in the European Economic Area.

 

Personal Data we Collect

We may collect personal data and other information where you input such information into our website or app (for example by registering for our platform and creating a user profile), purchase our goods or services, register your interest or participate in our challenges, use our platform, sign up to our newsletter, conduct a scan using our products, use our kiosk and/or from “cookies”.

The personal data that we collect about you will depend on our relationship with you and may include the following information about you:

  • name
  • gender
  • date of birth
  • contact details
  • email address
  • location data in certain circumstances.

We may also process other information such as your username, password and photos.

When you perform a body composition scan on one of our machines or use our online platform, we collect fitness and wellness data including Body Composition Attributes e.g. height, weight measurements and similar types of data relating to your physiological condition. We collect this data to provide you with information on your measurement result to help you track and achieve your goals.

 

How we use your personal data

We may process your personal data in the following ways and for the following purposes:

  • characteristics and providing reports with respect to your progress;
  • improve our services;
  • send you updates and information concerning your usages of the services where you wish to receive them;
  • to run events via competitions and promotions where you have opted-in to such events and competitions;
  • for research with universities and health organisation or medical professionals, government organisations, our affiliates or partners, health insurers and owners of our Evolt 360 scanners e.g lessees or licensees. Some of the information provided may be anonymised so that you cannot be identified by such information. In this case, such information will not be subject to the Privacy Act 1988 (Cth) or the GDPR.

 

Our legal basis for processing
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 make an online account with us);
  • for the purposes of our legitimate interests in ensuring that we provide you with the best service possible in all our interactions with you, which if you are a customer may include providing you with information about our services which may be of interest to you. We may also have a legitimate interest in processing personal data which relates 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.

We also process personal data on the basis of consent where individuals sign up to receive marketing information from us. Such consent can be withdrawn at any time by contacting us.

 

Direct Marketing
From time to time we may provide our customers, and others who request it, information about offers of interest, or new products or services being offered by us.  If you do not wish to receive marketing information, you may at any time decline to receive such information by telephoning us on +61 7 5659 1958 or by writing to us at P.O. Box 969, Nerang, QLD 4211 Australia. If the direct marketing is sent to you by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

 

Data Security and Sharing
We only share your personal data with third parties where it is necessary for us to do so in order to fulfil our obligations to you, or where we are required to do so in order to comply with a regulatory or legal provision. We will never sell your personal data for direct marketing.

The circumstances in which we may share your personal data with third parties includes:

  • where we hold your personal data via electronic files on our internal platform “Evolt Active” ;
  • 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 professional advisers;
  • 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.

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. Secure Sockets Layer (SSL) encrypts the information you send through this website.

 

Transfers of your Personal Data
During the course of providing services to our users located in Australia, we may disclose your personal data to persons located outside of Australia. Before disclosing your personal data to any person 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 in the European Economic Area (EEA) will be transferred to, or stored at, a destination outside the 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 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.

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.

 

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.

 

Contact and Complaints
If you have any concerns or complaints about your privacy including in relation to the Australian Privacy Principles or the GDPR, 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

Postal Address: PO Box 969, Nerang QLD 4211 Australia

Email Address: info@evolt360.com

We will respond to your query or complaint within a reasonable time.

You also have the right to make a complaint to the supervisory authority responsible for data protection in your country.

For Australia, this would be the Office of the Australian Information Commissioner, which can be contacted on either www.oaic.gov.au or 1300 363 992;

For the UK, this would be the Information Commissioner’s Office, which can be contacted on either  www.ico.co.uk or 0303 123 1113.

 

Changes to this Privacy Policy
This policy may change at any time. In this event we will post a notification on our website. This privacy policy was last updated in May 2018.

 

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