Fitstop AUSTRALIA Pty Limited (ABN 41 629 534 407) and its related companies (together we, us, our and other similar expressions) are committed to protecting your personal privacy. This Privacy Policy tells you how we collect, store, use and disclose your personal information. Information is your ‘personal information’ if it is about you as an identified or identifiable individual. We encourage you to read this policy carefully so that you understand how we deal with that information.
This Privacy Policy also applies to the FUELLED by Fitstop mobile app (the App). The App runs on the Nutrogen platform, operated by Nutrogen Labs Pty Ltd (Nutrogen), which publishes the App on our behalf.
Our privacy principles
We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). We have adopted internal policies and procedures to ensure that personal information that we collect, store, use and disclose is dealt with in accordance with the APPs. You can see the full text of the APPs online at www.oaic.gov.au.
Information we collect
In order to provide our customers with our products and services, we may collect and use personal information about them. If we are not provided with all the personal information we request, we may not be able to supply our products and services to you, and you or your organisation may not be able to participate in future offers of goods or services which we supply.
The type of information we collect includes names, addresses, email addresses, bank account details, credit card details (if you buy products or services from us) and other contact details. We may also collect details about your age, sex, health and other personal information about you.
If you use the App, we may also collect your IP address, device identification and the information you enter into or connect to the App. This includes profile details such as your name, age, height, weight and goals; food logs, nutrition data and meal plans; and wellness data such as sleep, activity, heart rate and mood from fitness tracking apps and devices you choose to connect.
How we collect personal information
Generally, we collect your personal information from you. For example, we may collect information from you when you sign up to become a member of a Fitstop gym or sign up to our online platforms or when you provide us or your personal trainer with information, whether in person, by telephone, online or in writing. If you submit an order (including by telephone or online), we will collect information necessary to fulfil that order.
How we store personal information
We take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from loss, misuse or unauthorised alteration. Any personal information you provide to us is stored on secure servers. Access to personal information is limited to our employees who specifically need it to carry out their business responsibilities. We also maintain physical security procedures to manage and protect the use and storage of records containing personal information. To help us protect your privacy, you should maintain the secrecy of the user name and password you use to access and use our website.
Purpose of collection
We collect, hold, use and disclose personal information so we can:
- meet our legal obligations;
- identify our customers, potential customers and their representatives;
- provide our products and services or other benefits to you;
- communicate with you;
- inform you of any initiatives we think may be of interest to you;
- inform you about our products and services and the benefits of using our products and services;
- share your health and training information with other medical and health professionals, with your consent;
- develop and adjust training regimes and nutritional guidance for your personal needs;
- provide you with information about offers or other benefits that may become available;
- seek your opinion or comments about our products and services;
- carry out billing and debt recovery activities;
- carry out our management, administrative, quality assurance and complaint handling activities in a professional and efficient manner;
- develop and implement initiatives to improve our products and services;
- contact you to enable us to manage your account and fulfil our obligations to you or your organisation; and
- recover monies owing to us from time to time, and for other secondary purposes.
Disclosure
We usually disclose the personal information we collect to our related entities, service providers and contractors that help us supply our products and services. For example, we may disclose the personal information we collect to personal trainers we work with, our franchise partners, our information technology providers, third-party payment platforms, providers of marketing and promotional services, professional advisers such as legal practitioners and accountants, debt collectors and insurers.
We also disclose personal information to Nutrogen, which operates the platform the App runs on and processes personal information on our behalf and under our instructions, and to providers of fitness tracking apps and other software that you choose to integrate with the App.
Except as indicated above, we will not disclose your personal information to a third party unless:
- you have consented to the disclosure;
- the third party is our service provider or contractor, in which case we will require them to use and disclose the personal information only for the purpose for which it was provided to them;
- the third party is a person involved in a dealing or proposed dealing (including a sale) of all or part of our assets and business;
- the disclosure is to a related entity; or
- the disclosure is permitted, required or authorised by or under law.
AI Coach and artificial intelligence
The App includes AI Coach, an optional personal wellness assistant that uses third-party AI services to generate personalised guidance. Before you first use AI Coach, the App asks for your permission to share the following information with those services:
- messages you send in the AI Coach chat;
- profile details, such as your name, age, height, weight and goals;
- food logs, nutrition data and meal plans; and
- wellness data, such as sleep, activity, heart rate and mood.
This information is shared with Google Gemini, the AI service that processes your messages and data to generate responses, and with Supermemory, which stores conversation memory so AI Coach remembers context between chats. Your data is sent securely and only while you use AI Coach.
We may also use AI-powered tools to help analyse large-scale datasets and generate high-level insights, trends and outcomes that improve our products and services. We only use de-identified information for this purpose.
We do not use personally identifiable information to train, retrain or otherwise improve the foundational machine learning models of any third-party AI service provider.
Marketing
We may use personal information to advise you of new products and marketing initiatives that we think may be of interest to you. This may include product or service offerings, newsletters and general information about us. If you prefer not to receive information about our products and services, you can ask to be removed from the relevant circulation list by contacting us at the contact details listed below. We never disclose personal information to a third party for the purpose of allowing them to direct market their products or services to you, unless you have expressly consented to that disclosure.
Access
If at any time you want to know what personal information we hold about you, you are welcome to request access to that information by contacting us at the contact details listed below. However, where the access impacts on the privacy of others; the request for access is frivolous or vexatious; there are existing or anticipated legal proceedings; or the access can be denied under law or by a law enforcement agency, we may deny your request for access. If we deny your request for access, we will let you know why.
If you have an App account, you can access some of the personal information we hold about you, and update or correct certain information, by logging in to the App. To protect your personal information, we may require identification from you before releasing the requested information or making a correction.
Quality and correction
We always try to make sure that the information we hold about you is accurate, complete and up-to-date. If at any time you believe the personal information that we hold about you is incomplete or inaccurate, please let us know. We will use all reasonable efforts to correct the information.
Deleting your account and data
You can ask us to delete your FUELLED by Fitstop account, and the personal information linked to it, at any time. You can do this in the App or by email.
In the App
- Open the App and tap More.
- Tap your profile at the top of the screen to open Your Profile.
- Scroll to the bottom and tap Delete My Account.
- Tap Delete Account to confirm.
By email
If you wish to delete your account or need support with the account deletion process, please email the Fitstop Operations team via operations@fitstop.com. Please send your request from the email address linked to your App account so we can confirm it is you.
What happens next
- Your account is deactivated straight away and you can no longer sign in to the App.
- Within 30 days of your request, we permanently delete your account and the personal information linked to it, such as your profile, food logs, meal plans and weight history.
- We may keep some information after your account is deleted where we need it for legitimate business purposes or to comply with the law. For example, financial records must be kept for 5 years after the transaction. See How long we keep your personal information.
- Deleting your account does not cancel a subscription you bought through Google Play or the App Store. Please cancel it in the store before you delete your account.
- Uninstalling the App does not delete your account.
How long we keep your personal information
We retain your personal information for as long as is necessary to provide our products and services to you, as required for our internal business operations, and to comply with our legal obligations. If we hold personal information about you, and we do not need that information for any purpose, we will take reasonable steps to destroy or de-identify that information, in accordance with the APPs and, where it applies, the European Union General Data Protection Regulation (GDPR), unless we are prevented from doing so by law. Under Australian law, financial records, such as those relating to financial transactions, must be retained for 5 years after the transactions associated with those records are completed.
If you no longer want us to use your personal information, you can request that we erase it and, where you have an account with us, close your account (see Deleting your account and data). Where possible we will do so in accordance with the APPs and GDPR. However, where you request the erasure of your personal information we will retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce our terms and take other actions permitted by law. Any information we retain will be handled in accordance with this policy.
Anonymity and pseudonyms
If you contact us with a general enquiry, we may interact with you anonymously or through the use of a pseudonym. However, you are required to provide true and accurate details when requesting the supply of goods or provision of services. You agree you will provide accurate information if we require it.
Changes to this policy
As our business evolves, our business processes and policies will be reviewed and may be amended. We may change this policy at any time. We will notify you of any change by posting an updated version of the policy on our website. Please be aware that it is your responsibility to check our website and make sure you keep up-to-date with any changes to this policy.
Complaints
We are committed to constantly improving our procedures so that your personal information is treated appropriately. If you feel that we have failed to deal with your personal information in accordance with this policy or the APPs, please contact us at the contact details listed below so we have an opportunity to resolve the issue to your satisfaction. Our privacy officer will listen to your concerns and grievances; discuss with you the ways in which we can remedy the situation; and put in place an action plan to resolve your complaint and improve our information handling procedures if appropriate.
If, after we have conducted our investigations, you are still not satisfied, you can contact the Office of the Australian Information Commissioner (OAIC):
- enquiries@oaic.gov.au
- Phone
- 1300 363 992 (from overseas +61 2 9284 9749)
- Post
- GPO Box 5218, Sydney NSW 2001
- Web
- www.oaic.gov.au
Disclosure to overseas recipients
Generally, we are unlikely to disclose personal information to overseas recipients. However, we may use a third-party payment platform to process payments you make to us. Third-party payment platforms are generally global businesses which operate in a number of different countries. In providing their services, these payment platforms may disclose your personal information to their related entities or other third-parties located in countries where the laws on the collection, use and disclosure of personal information are less stringent or protective than Australia.
Some of our service providers, such as those who operate cloud services and the AI services described above, may have international data centres and disaster recovery sites. Consequently, these providers may have access to your information offshore. We rely solely on reputable organisations for such services.
Additional rights for EU residents
If you’re a citizen or resident of the European Economic Area, you are entitled to ask us to port your personal information (that is, to transfer it to you in a structured, commonly used and machine-readable format), to erase it, or to restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent.
These rights are limited in some situations, for example where we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
If you have unresolved concerns, you also have the right to complain to the data protection authority in the country of your habitual residence, of your place of work, or in which you consider the alleged infringement has occurred.
Contact us
If you have a question about this policy, want to access, correct or delete your personal information, or want to make a complaint, please contact our privacy officer:
- Company
- Fitstop AUSTRALIA Pty Limited (ABN 41 629 534 407)
- operations@fitstop.com (Fitstop Operations team, attention Privacy Officer)
- Web
- fitstop.com
If you are a member, you can also contact your Fitstop location.