Privacy Policy

NEUFORM APP PRIVACY POLICY


1. Introduction


1.1. This training and fitness mobile application (Neuform App) and our website (www.neuform.au) is created and controlled by Chontel Pty Ltd (ACN 625 118 854) (Neuform, our, us or we).


1.2. The Neuform App is a mobile application that promotes well-being, exercise, fitness, nutrition and recipes by providing you with access to: (a) training and fitness workout routines and programs; (b) general dietary and nutritional advice; and (c) a library of recipe e-books (collectively, the Services).


1.3. Neuform are committed to ensuring your Personal Information is protected. Neuform manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).


1.4. By accessing and using the Neuform App and Services you agree to this Privacy Policy. If you do not agree with this Privacy Policy you should immediately cease accessing the Neuform App and stop using the Services.


1.5. This Privacy Policy outlines how Neuform collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.


1.6. For the purpose of this Privacy Policy:


  1. Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
  2. Sensitive Information has the same meaning that it has under the Privacy Act, namely information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin, criminal history or other such private information.


1.7.A reference to Personal Information in this Privacy Policy includes Sensitive information except where otherwise indicated.


2. The information Neuform collect about you


2.1. Neuform will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver the Neuform App and Services to you, or as otherwise permitted by the Privacy Act 1988 (Cth) and any other relevant laws. 


2.2. The type of Personal Information and non-Personal Information that Neuform collects and uses depends on the type of dealings that you have with Neuform and includes the following: 


  1. contact details and account registration information (for example, your full name, email address, age/date of birth, username and password);
  2. information about the fitness programs, routines, receipts, dietary and nutritional information that you are interested in, or have downloaded or access through the Neuform App;
  3. health information (for example, gender, height, weight, fitness level, pregnancy status), which is collected only with your explicit consent and is required to provide you with personalized services and recommendations;
  4. marketing data and information relating to your dealings, or enquiries you have made, with us, including information about: (i) the Services you have used; and (ii) the third party products and services you have used or enquired about; 
  5. payment and billing information;
  6. device information which is automatically collected from you when you visit and navigate through the Neuform App, our website and use the Services. Such information may include, but is not limited to, your device type; your device’s network connections; unique device identifier, your device’s name; your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the Neuform App, our website or Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Neuform App, our website and other usage statistics; and
  7. other information that you provide to us or that we may collect in the course of our relationship with you.


3. Children


3.1. We may collect, store, process, use and disclose the Personal Information of children (ie under 18 years of age) when a child downloads, accesses and uses the Neuform App and Services.  


3.2. If you are a child and your parents/guardians do not give us permission to collect, use and disclose your Personal Information for the purposes outlined in this Privacy Policy, you should immediately cease using the Neuform App and Services.


3.3. If you are a parent/guardian and you wish to have your child’s account and profile on the Neuform App deleted, you can contact us using the contact details set out in section 13 below. 


4. How Neuform collect Personal Information


4.1 Direct collection from you


  1. We will collect Personal Information about you or visitors to our website in a number of different ways. Whenever possible, Neuform will collect Personal Information directly from you during the course of our dealings with you. For example, when you:
  2. setup and create a profile on the Neuform App (including when you edit or update your profile on the Neuform App or reset your password) and when access and use the Neuform App and Services; 
  3. publish or submit information, material or data on, or via, the Neuform (for example, information relating to your personalised training programs);
  4. contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey; 
  5. provide your Personal Information to third parties (such as our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, online databases and social media));
  6. when apply to be an engaged as a contractor or you apply for position of employment with us; or
  7. when otherwise legally authorised or required to do so.
  8. When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection. As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this Privacy Policy. 
  9. By providing your Personal Information to us, you confirm that you are over the age of 18, or if you are under 18, you confirm that you have your parent's or guardian's permission to provide such information to us.


4.2. Collection from third parties


  1. We may collect Personal Information about you from:
  2. other users of the Neuform App when you interact with such parties on our social media linked group pages; 
  3. publicly available sources; and 
  4. other third parties (including our related bodies corporate, business partners and service providers, credit reporting bodies, credit providers, government agencies and cloud-based accounting software providers),

and we take reasonable steps to make sure you are aware of the collection.

  1. If a third party provides us with Personal Information about you (such as your authorised representative or parent/guardian), we rely on them to: 
  2. inform you that they are providing your Personal Information to us; and  
  3. advise you that you can contact us for further information about our privacy practices. 
  4. Any third party collecting and sharing your Personal information with us must clearly inform you that your Personal Information is being collected and shared with us, declare the purposes for which it is being collected, identify who will receive this information, inform you of your right to access this information, and provide our contact details. Additionally, they must obtain your explicit consent prior to collecting and sharing your data with us. 


5. How Neuform use your Personal Information 


5.1. Neuform use and disclose your Personal Information and non-Personal Information for the purposes for which the information is collected, including (but not limited to):


  1. providing you with access to, or use of, the Neuform App, our website and Services (including, but not limited to, personalised fitness and exercise training programs, general dietary and nutritional advice, and recipe e-books made available to you on, via, the Neuform App);
  2. personalising and customising the content, resources, products and services and advertising on the Neuform App;
  3. assisting with, or responding to, your queries;
  4. informing you about the Neuform App and Services (including personalised fitness and exercise training programs, general dietary and nutritional advice, recipe e-books, third party products and services or other matters which we believe are of interest to you (such as recruitment or business opportunities));
  5. sharing with Neuform’s Third Party Providers;
  6. administering, improving and managing the Neuform App and Services (including content on the Neuform App) and our website; 
  7. charging and billing you for the use of the functions or features of the Neuform App and Services (including personalised fitness and exercise training programs, general dietary and nutritional advice, recipe e-books and updates);
  8. verifying your account, identity, and activity on the Neuform App; 
  9. for direct marketing purposes (see section 7 below); and
  10. complying with our legal and regulatory obligations.


5.2. We do not use, share, disclose or sell your Sensitive Information to Third Party Providers, unless required by law or necessary for the provision of the Services, in which case, we will seek your explicit consent.


6. Disclosure to Third Parties


6.1 Third Party Providers


  1. In order to provide or deliver the Neuform App, our website and Services to you, Neuform may disclose your Personal Information to third party service providers, including but not limited to, analytics providers, data storage providers, customer service providers, and technology providers, who are located both domestically and overseas. We comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) when disclosing your personal information overseas.
  2. Neuform’s affiliates, related bodies corporate, business partners, service providers, third party contractors, agents or suppliers, external business advisors or other authorised external service providers who perform functions on Neuform’s behalf (such as credit reporting bodies, credit providers, third party payment processors, hosting companies, web and app developers, internet service providers, telecommunication providers, IT security providers, customer service providers, customer support specialists, fulfilment companies, external business advisors (such as auditors and lawyers), government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us to (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, online databases and social media)) (collectively, Third Party Providers); and 
  3. law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law.
  4. Prior to the disclosure of Personal Information to Third Party Providers, Neuform will take such steps as are reasonable in the circumstances to ensure that the Third Party Providers treat your Personal Information securely, and will contractually require them to otherwise comply with the relevant Australian Privacy Principles in relation to the Personal Information.


6.2. Third party payment processor


Neuform use third party payment processors to process payments made to us. In connection with the processing of such payments, Neuform do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to Neuform’s third party processors, Apple Pay and Google Pay, whose use of your Personal Information (including payment information) is governed by their privacy policies, which may be respectively viewed at https://support.apple.com/en-au/HT203027 and https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en. 


7. Marketing communications


7.1. Neuform may use and disclose your Personal Information to send you information about the Neuform App and Services, as well as other content, resources, products and services offered by Neuform or Third Party Providers) and other information that may be of interest to you. Neuform will not use or disclose your personal information for direct marketing purposes if you have requested not to receive direct marketing from Neuform. Neuform may send this information to you in a variety of ways, such as by email, SMS, telephone, social media or by customising online content and displaying advertising through the Neuform App. 


7.2. If you do not wish to receive any of these marketing communications, you can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting Neuform using the contact details set out in section 13 below. 


8. Overseas disclosures of Personal Information


8.1. In the course of providing you with the Neuform App and Services, it may become necessary or desirable to disclose Personal Information to Third Party Providers located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. For example, when processing payments made by you, Apple Pay and Google Pay may disclose your Personal Information (including payment information) to various countries outside of Australia.  


8.2. The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where Neuform transfer your Personal Information overseas Neuform will take reasonable steps to ensure that your Personal Information is treated securely and the means of transfer provides adequate safeguards.


9. Notifiable Data Breaches Scheme


In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Neuform will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.


10. Security of your Personal Information 


10.1. Neuform take steps reasonable in the circumstances to ensure that the Personal Information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. 


10.2. The transmission of information via the Internet is not completely secure. Although Neuform implements best practice security measures to protect your data, we cannot guarantee the security of data transmitted over the Internet. Any transmission is at your own risk, and we advise that you ensure you use secure means to access our services. 


10.3. Neuform will destroy or de-identify Personal Information in circumstances where it is no longer required, unless Neuform are otherwise required or authorised by law to retain the information.


11. Accessing and correcting your Personal Information


11.1. Neuform take steps reasonable in the circumstances to ensure Personal Information Neuform hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by Neuform.


11.2. If at any time you would like to access or correct the Personal Information Neuform holds about you, or you would like more information about Neuform’s approach to privacy, or if you have any concerns about how we handle your Personal Information, please contact Neuform via the contact details set out in section 13 below. If Neuform refuse your request to access or correct your Personal Information, Neuform will provide you with written reasons for the refusal and details of complaint mechanisms. 


12. Cookies and Analytics


12.1. Neuform use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymised form, ensuring individual users cannot be personally identified. Neuform use this information to analyse how visitors use the Neuform App and our website and to compile statistical reports on Neuform App and website activity. You can set your computer or device to reject cookies, but this may affect your ability to use certain parts of the Neuform App or website.


12.2. Services that the Neuform App may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our website. By using the Neuform App, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.


12.3. Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh/related?hl=en-GB). 


12.4. Services that our website may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the Neuform App. By using the Neuform App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.



13. Privacy complaints


If you have any complaints or issues you wish to raise with Neuform regarding the way Neuform have handled your Personal Information, or you would like to discuss any issues about Neuform’s Privacy Policy, please contact Neuform directly by:


  1. email at admin@neuform.au; or
  2. calling us on +61 (0) 435 866 474. 


If you are not satisfied with our response, you are entitled to contact the Office of the Australian Information Commissioner, by phoning 1300 363 992 or writing to the Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 1042.


14. Changes to this Privacy Policy


From time to time, it may be necessary for Neuform to review and revise its Privacy Policy. Neuform will notify you about significant changes to this Privacy Policy by posting an updated version on the Neuform App and by sending an email notification to the account associated with your user profile. Neuform encourage you to check the Neuform App from time to time to ensure you are familiar with Neuform’s latest Privacy Policy.