Privacy Policy

 Last Updated: 27 August 2018

Our Privacy Policy has been recently updated.

The following Privacy Policy below outlines the handling of your personal information: what is collected, how it is collected, where your information is stored and how your information may be used.

This Privacy Policy applies to services offered by Apparatus Pty Limited (ABN 13 606 096 995).

In order for Apparatus to provide services to you, we are required to comply with the Privacy Act 1998 under Australian Law. This governs the protection of your privacy and any personal information collected by Apparatus. Apparatus only collects information that is provided with consent in relation to Apparatus services. This Personal Information may include some or all of the following: name, contact details, date of birth, credit/debit card or bank account details, payment history (in relation to a member’s account with Apparatus) and sensitive information.

If you contact Apparatus to obtain information regarding our services, or purchase a Membership (subscription), Package (Private Training or Program) or Product, Personal Information may be collected from you in order to provide appropriate information to you regarding your enquiry, or in order to process transactions so that we can provide Apparatus services or products to you.

Whenever we refer to sensitive information we are considering aspects such as physical and mental health, medical history and general well-being. We regard the collection of Personal Information as a serious matter and as such, sensitive information is only used in relation to providing services to Apparatus Members and Clients.  The only exception to this may be exceptional circumstances where disclosure is required by law, in order to fulfill legal obligations in terms of protecting the rights of Apparatus, or where there may be a threat of harm to a person’s health or safety.

To clarify, Personal Information is primarily used in the following manner:

  • to render Membership (Subscriptions)/Package (Private Training) agreements as valid
  • to provide Apparatus services
  • to provide relevant information to Members and Clients pertaining to their Membership, Package or other at Apparatus
  • to obtain feedback from Members and Clients in relation to Apparatus and its services and products

The Apparatus website (http://app.aratus.co) utilises technologies that pertain to tracking, such as Google Analytics or the Facebook Pixel. These technologies employ the use of Cookies. Cookies can identify a user’s browser and some activity in relation that browser. Users may opt-out of accepting website Cookies.

(This article provides an insight into the use of Cookies. Digital Privacy is an issue that affects everyone and it is good practice to be informed.)

Other third-party companies that are utilised by Apparatus such as MailChimp may require the use of some personal information to provide metrics in relation to interaction with Members and Clients. In order to so, this information is also governed by the Privacy Policy and cannot be used in for purposes other than what is intended.

Apparatus is very selective when sending out information to Members and Client and therefore, Apparatus does not share Personal Information with third-parties for purposes of advertising third-party goods and services. Members and Clients have the ability to opt-out of receiving any advertising information.

The Apparatus website may also have links to third-party websites, or have third-party websites linking to the Apparatus website. Apparatus has no control over the content or the conduct of any third-parties. Visiting third-party links is at the discretion of the user.

Members and Clients also have the right to access, modify, update or delete their Personal Information. In the event of requesting the deletion of personal or sensitive information, steps shall be taken to do so, except in the case where specific information is legally required to be retained. Some of this information can be accessed by Members and Clients via the Vint system at https://apparatus.joinvint.com/login or within the customised Vint app which is available as Apparatus in the Apple Store and Google Play.

For other requests in relation to Personal Information or further information, please email us at or speak to us in-studio.

VINT SYSTEM
Apparatus employs the Vint system to manage Apparatus service offerings through Vint platform and the Vint customised mobile application by way of session bookings, appointments and personal information. The following section applies to the Privacy Policy in relation to the Vint system.

What information we collect about you
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.

Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.

Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information when you register for the Services. You also have the option of adding a display name, profile photo, emergency contact, and other details to your profile information to be stored in our Services. We keep track of your preferences when you select settings within the Services.

Content you provide through our products: The Services include a social feed, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Content also includes the files and links you upload to the Services.

Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.

Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; and used filter options.

Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience.  How much of this information we collect depends on the type and settings of the device you use to access the Services.

Cookies and Other Tracking Technologies: The software Vint uses cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices.
How we use information we collect

To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, handle bookings you place, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, improve your ability to find and book experiences effectively, and identify activity feeds, notifications, connections and recommendations that are most relevant for you.

For research and development: We consistently look for ways to make our Services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. For example, to improve the search feature, we automatically analyze recent searches and the results among users to surface the most relevant results for users. In some cases, we apply these learnings across our Services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.

To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases; reminding you of subscription expirations; responding to your comments, questions and requests; providing customer support; and sending you technical notices, updates, security alerts and administrative messages. We send you email notifications when you or others interact with you on the Services, such as when you are @mentioned in a social feed or sent an in-platform message. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Services may automatically trigger a message within the Services that would help you find similar actions that we think you may like. We also send you communications as you onboard to a particular Service to help you get started. These communications are part of the Services, and in most cases you can opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.

To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email, in platform message, as well as through push notifications. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, newsletters and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests.  You can control whether you receive these communications as described below under “Opt-out of communications.”

Customer support: We use your information to resolve technical issues you encounter, respond to your requests for assistance, analyze crash information, and repair and improve the Services.

For safety and security: We use information about you and your Service use to verify accounts and activity, monitor suspicious or fraudulent activity and identify violations of Service policies.

With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.

How we share information we collect
We provide a booking tool, and we want it to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed here, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

Sharing with other Service users
When you use the Services, we share certain information about you with other Service users.

For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content.

Community Forums: Our platform offers publicly accessible social feeds and booking information. You may choose to keep this information hidden from the forums by switching to “private mode” in your settings. You should be aware that any information you provide on the platform – including profile information associated with the account you use to post the information – may be read, collected, and used by any member of the public who accesses these platforms. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below.

Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.

Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a third-party service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.

Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Twitter “tweet” button. These widgets and features collect your IP address and which page you are visiting on the Services, and they may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

With your consent: We share information about you with third parties when you give us consent to do so.

Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Vint, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

Business Transfers: We may share or transfer information we collect under this privacy policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the Services if a transaction takes place, as well as any choices you may have regarding your information.

HOW WE STORE AND SECURE INFORMATION WE COLLECT

Information storage and security
We use data hosting service providers in the United States to host the information we collect, and we use technical measures to secure your data. Our prefered partner for this is Heroku and Amazon Web Services.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below.  After such time, we will either delete or anonymize your information, or if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services.  We also retain some of your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, support business operations, and continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow us to create complete reports and statistics over time.

Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Vint account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Your Choices
You have the right to request a copy of your information, object to our use of your information (including for marketing purposes), request the deletion or restriction of your information, or request your information in a structured, electronic format.  Below, we describe the tools and processes for making these requests. You may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties (for example, by installing third-party apps), you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and update your profile information within your profile settings and modify content that contains information about you. You may contact us directly for additional stored information or edits.

Deactivate your account:  If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. To deactivate your account, please contact us. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.

Delete your information: Our Services give you the ability to delete certain information about you from within the Service. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations. To delete your information, please contact us.

Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we do not have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you may request that we delete your account as provided in this policy.  Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.

Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services unless you choose to opt out of these too. You can opt out of some notification messages in your account settings.

Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information.
How we transfer information we collect internationally

International transfers of information we collect
We collect information globally and primarily store that information in the United States. We may transfer, process and store your information outside of your country of residence to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.

OTHER IMPORTANT PRIVACY INFORMATION

Notice to End Users
Many of our products are intended for use by administrators and end users. Where the Services are made available to you through an administrator (e.g., your gym), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Administrators are able to:

  • require you to reset your account password;
  • restrict, suspend or terminate your access to the Services;
  • access information in and about your account;
  • access or retain information stored as part of your account;
  • install or uninstall third-party apps or other integrations

In some cases, administrators can also:

  • restrict, suspend or terminate your account access;
  • change the email address associated with your account;
  • change your information, including profile information;
  • restrict your ability to edit, restrict, modify or delete information

Please contact your administrator for more information.

Children
The Services are not directed to individuals under 18 years. We do not knowingly collect personal information from children under 18 years. If we become aware that a child under 18 years has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.

Changes to our Privacy Policy
We may change this privacy policy from time to time. We will post any privacy policy changes on this page, and if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We will also keep prior versions of this Privacy Policy in an archive for your review. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this privacy policy, you will need to stop using the Services and deactivate your account(s), as outlined above.

Payment Gateway
Payments to Apparatus are processed via Vint through the Braintree (payment gateway), a division of Paypal. Braintree’s Privacy Policy can be found here and Legal Agreement here as it pertains to Apparatus (the Merchant).

Apparatus reserves the right update, amend or make changes to this Privacy Policy from time to time. Reasonable effort will be made to notify Members and Clients of these changes via email and on the Apparatus website. Changes to the Privacy Policy are effective upon publication.