Privacy Policy

Bring the Energy (the “Trainer”)
Privacy Policy

Effective Date: January 2020

1. INTRODUCTION TO PRIVACY POLICY

The Trainer is committed to maintaining the confidentiality, integrity and security of any Personal Information (as defined below) about the Trainer's End-Users. To demonstrate the Trainer's commitment to protecting Your privacy, the Trainer has developed this privacy policy (“Privacy Policy”), which describes how the Trainer will collect, use, disclose and protect Your Personal Information through the Product.

1.1 TERMS OF USE

This Privacy Policy as well as the Trainer's Terms of Use (“Terms of Use”) govern Your access and use of the Product, as owned and operated by Gavin Lock t/as Bring the Energy ABN 92 793 493 173 (referred to in these Terms as the “Trainer”). Terms capitalised but not defined in this Privacy Policy have the meanings set out in the Terms of Use. “You”, “Your” and “Yours” refers to you, the End-User, as defined in the Terms of Use.

1.2 CONSENT AND AGREEMENT TO BE BOUND

1.2.1 CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the Product You agree to all the terms and conditions of this Privacy Policy and the Terms of Use and which are incorporated here by reference. If You do not agree to all the terms and conditions of this Privacy Policy and the Terms of Use, please do not use the Product.

1.2.2 YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH APP STORE OR GOOGLE PLAY. There are certain types of device data that the Product cannot access without Your consent. The various application marketplace platforms that the Trainer serves the Product through will notify You the first time the Product requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the App Store or Google Play end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the Terms of Use.

1.2.3  CHANGES WILL REQUIRE YOUR CONSENT. In the case of a material change to the Product as described in the amendment provision set out in the Terms of Use, and in accordance with the amendment requirements set out therein, the Trainer will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified.

1.2.4 PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data in accordance with the user data update and verification provisions set out in the section of this Privacy Policy entitled “3. Data Management”.

1.3 CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US 

1.3.1 SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product, You consent to the collection, use and disclosure of Your Personal Information by the Trainer in the manner described in this Privacy Policy. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Product. For example, Your name and email address, phone number and age are necessary to complete the registration process. We will also ask you to provide details about what goals you want to achieve with the Trainer. We may also collect a series of photographs to document your progress with the Trainer and/or the use of the Product. At any time after registration, You may opt out of most email communication from the Trainer by clicking on the opt-out link at the bottom of the Trainer's emails, or by contacting the Trainer at the contact details listed above. However, the Trainer may still contact You for administrative purposes. Withdrawing consent will not apply to actions the Trainer has already taken based on Your prior consent.

1.3.1 CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Product for administrative or technical issues and You may occasionally receive the Trainer newsletters.

1.3.4 COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that the Trainer believes that the security of Your Personal Information in the Trainer's possession or control may have been compromised and creates a real risk of significant harm to You, or if the Trainer believes that a notification is appropriate, the Trainer may seek to notify You of that development, pursuant to both the Trainer's desire to keep You informed and the Trainer's legal requirement to do so. If a notification is appropriate, the Trainer may notify You by the email address registered to Your account. Additional details on a Data Breach can be found in the in the section of this Privacy Policy entitled “3. Data Management”.

1.3.5 WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Trainer will never send email messages to customers requesting confidential information such as passwords or credit card numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.

1.3.6 AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCE WITH LAW. The Trainer may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the amendment provisions set out in the Terms of Use. The use of the information Trainer collects at any given point is subject to the Privacy Policy in effect at the time of collection. If Trainer makes any material changes Trainer will notify You by email or by means of notice on the Product prior to the change becoming effective. Trainer will post the most current Privacy Policy on the Product, and Your use of the Product is subject to the most current Privacy Policy as posted on the Product at any time.

1.3.7 OUR PERIODIC REVIEW. The Trainer will perform a periodic and timely review to ensure that Trainer's Privacy Policy is compliant with Applicable Laws.

1.3.8 OUR PERIODIC REVIEW. Trainer encourages You to periodically check Trainer’s Privacy Policy for the latest information on Trainer's current policy.

1.4  DISCLAIMER 

IF YOU CHOOSE TO ACCESS THE PRODUCT, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE PRODUCT, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA AND/OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN TRAINER'S SOLE DISCRETION. TRAINER'S PRIVACY POLICY DOES NOT COVER THE INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANISATIONS WHO ADVERTISE TRAINER'S SERVICES, AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE [LIMITATION OF LIABILITY PROVISION AND DISCLAIMER], AND [PROHIBITED USE REQUIREMENTS] CONTAINED IN THE TERMS OF USE (FOUND AT: www.bringtheenergy.com.au/terms-conditions

1.5 MISCELLANEOUS

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy Policy.

1.5 CONTACT INFORMATION

If You have questions or concerns regarding Trainer's policy or practices, please contact Trainer's privacy officer by email at bringtheenergypt@gmail.com.

1.6 EFFECTIVE DATE

This Privacy Policy is effective as of the Effective Date.

2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION

2.1 DISCLOSURE OF COLLECTION

Within this section of the Privacy Policy, the Trainer will provide You with notice that Your information is being collected when You first sign in to the Product. In the section of this Privacy Policy entitled “3. Data Management”, the Trainer will be describing the manner in the section of this Privacy Policy entitled “4. Data Usage”, You will also be notified about the nature for which the data will be used, how the Trainer processes the data, and how the Trainer works with third party service providers who will assist the Trainer to process the data.

2.2 COLLECTION OF PERSONAL INFORMATION

When You use the Product, the Trainer stores certain information about Your device and Your activities that You provide to the Trainer and that the Trainer automatically collects, including:

2.2.1 REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address, phone number, age and photograph if You supply one to the Trainer as Your personal avatar;

2.2.2 TECHNICAL INFORMATION: technical information about Your device such as the type of device, OS version, location, other browser information (e.g., size, connection speed and connection type;

2.2.3 USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which the Trainer will collect and determine automatically through Cookies and traffic data as described below;

2.2.4 USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and

2.2.5 CONTENT SUPPLIED BY YOU: The Trainer collects content that You upload, post, and/or share to Trainer's Product which includes the Trainer's Social Media Services.

2.3 METHODS OF COLLECTION 

We may collect electronic information from You from the following sources:

2.3.1 COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product. You may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product from the Digital Distributor, using Your electronic device. As part of this registration, Trainer will require that You submit certain information that is relevant to the purposes of the Product.

2.3.2 COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Trainer's Product, Trainer may receive information from such Social Media, in which case Trainer may collect and store information identifying Your account with the Social Media Services;

2.3.3 COLLECTED THROUGH THE TRAINERS COMMUNICATIONS WITH YOU: via email or through the Product, through messages or transaction information relating to Your use of the Product, through other End-User-generated content provided to the Trainer in the normal course of Your use of the Product, including but not limited to progress photos, communications related to registration, evaluations, internal surveys, feedback information, usage information, correspondence with the Trainer through technical support tools and/or email, by and Traffic Data (as described within this  Privacy Policy);

2.3.4 COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Trainer may collect and store information (including Personal Information) locally on Your device using mechanisms  such as Product data caches, “Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-User's device for record-keeping purposes that track where You travel on the Product and what You look at, on single sessions or cumulated over time. Although Cookies are used by most major Products and are accepted by default by most Products, it may be possible to disable Cookies via Your settings), and through "traffic data" which collects the, route and destination of users and information on and through Trainer's Product, as well as cookies that are stored temporarily on Your device.

2.4 PROCESSING OF COLLECTED INFORMATION

In the section of this Privacy Policy entitled “4. Data Usage”, You will also be notified about the nature for which the data will be used, how the Trainer processes the data, and how the Trainer works with third party service providers who will assist the Trainer to process the data.

3. DATA MANAGEMENT

3.1 VALIDATION AND CHANGES TO END USER-INFORMATION

3.1.1 VALIDATION: The Trainer will validate the Personal Information to the best of its ability. The Trainer will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.

3.1.2 REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Trainer relies on You to ensure that the Personal Information You enter into Trainer's system is as accurate, complete and up- to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to bringtheenergypt@gmail.com indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Trainer may make changes to Your Personal Information to meet the technological requirements of the Trainer's networks and media. Unless required to comply by law, the Trainer may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where the Trainer can provide information access and correction, and when required by law, the Trainer will do so for free.

3.1.3 REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to the 7 days after Your account with Trainer has been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End User may request a copy of all of the End-User’s User Data from the Product. After the Personal Information Removal Date, or upon Your specific request to bringtheenergypt@gmail.com  to delete the Personal Information, such Personal Information shall be deleted by Trainer within a reasonable period, unless:

3.1.4 INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Trainer's system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or

3.1.5 INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless the Trainer is required and compelled to do so by law, and in such event, at Your sole expense.

3.1.6 CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, the Trainer may ask You to verify Your identity before the Trainer can act on Your request.

3.1.7 TRACKING YOUR PREFERENCES. The Trainer will capture and manage all End-User privacy preferences. There preferences will be tracked in the database and attached to Your End-User records. If the preferences are changes, the modifications will be incremental, and added to an audit log. Tracking of Your consent to the collection, storage and use of Your Personal Information will be also be recorded for the purposes of an audit log for consent.

3.2 STORAGE AND RETENTION

3.2.1 DATA RETENTION:

(a) OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by the Trainer for an indefinite period however, this does not constitute a guarantee that the Trainer will keep the data indefinitely. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.

(b) OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by the Trainer or by the User, in the manner described above in the section entitled “Removal of Personal Information By Trainer or by You.”

3.2.2 DATA RECOVERY BY YOU: You should have no expectation of data retention whatsoever, however The Product may store your data via our third party service providers such as PT Distinction (www.ptdistinction.com) and is subject to their terms and conditions (https://www.ptdistinction.com/terms/terms.php) and privacy policy (https://www.ptdistinction.com/terms/privacy.php). By using the Product or the Website you acknowledge that you have read and consent to PT Distinctions terms and conditions and privacy policy. Your data may be retained on the Product by Us or PT Distinction as long as your account is current and active and for a period after our relationship with You has been terminated, subject to Our and PT Distinction’s privacy policies and terms of use. Should the Trainer create a backup of all data, this backup is for use by the Trainer only in the case of disaster recovery or to maintain business operations in the case of an emergency. DATA RESTORES: The Trainer will not restore data unless it is available and then only if the Trainer determines, in its sole discretion that a data recovery is necessary.

3.2.3 PERIODIC AUDIT. The Trainer will perform routine audits at its sole discretion or on a schedule as required by Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Trainer or By You.”

3.2.4 SECURITY MEASURES: The Trainer takes Your privacy very seriously. If You have a security related concern, please contact the Trainer at the contact details provided above. The Trainer will work closely with You to ensure a quick and personal response to Your concerns. In addition, the Trainer restricts unauthorized access through protective policies, procedures, and technical measures, including:

(a) SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the Terms of Use.

(b) SAFEGUARDS PROVIDED BY US: Trainer will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the Terms of Use, You understand that in order for the Trainer to operate the Product, End-User Data may be transmitted by You to the Trainer over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond the Trainer's requirements to take reasonable steps to secure personal information as required under APP 11 of the Australian Privacy Principles, Trainer cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.

(c) ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if the Trainer believes that the breach creates a real risk of significant harm to the end-users, the End-User will be notified in the manner as required by law, and all details regarding the impact to the End-User will be shared.

4. DATA USAGE SCHEDULE TO THE PRODUCT TERMS OF USE

4.1 USE AND DISCLOSURE OF PERSONAL INFORMATION

The Trainer will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):

4.1.1 TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To  provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;

4.1.2 TO IMPROVE THE TRAINER’S PRODUCT: To fulfill Your requests or the Trainer's product roadmap for certain features of the Product, to customize, measure, and improve the Product including by analyzing trends, tracking user movements on the Product, gathering demographic statistics about the Trainer's user base as a whole, and to assist the Trainer to measure the Trainer’s performance and effectiveness of the Trainer’s content, and to share the Trainer's performance information with others;

4.1.3 TO IMPROVE THE TRAINERS CONTENT: The Trainer may post Your social media content, testimonials, and other information provided by you (including progress photos);

4.1.4 TO FULFIL THE TRAINERS BUSINESS GOALS: to directly or indirectly offer or provide You with products and services that are based on the Trainer's analysis of Your needs as determined by the Trainer's analytics and the analytics of the Trainer's third-party processors, unless You opt out;

4.1.5 TO ENABLE OUR COLLABORATORS TO FULFIL THEIR  BUSINESS GOALS: Where a third party to this Privacy Policy directly or indirectly provides the Trainer with the ability to provide the Product to You, the Trainer may supply Personal Information to such Third Party in exchange for fulfilling the Trainer's Purpose and providing corresponding value to the third party, and such third parties are listed in Section 5 of this Privacy Policy entitled “List of Third Party Processors”;

4.1.6 IN THE EVENT OF AN ACQUISITION. In the event that the Trainer, or all or a portion of the Trainer's business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganisation, consolidation, liquidation or another similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that Trainer is required to do so by law, You will be notified of any changes in ownership or uses of Your Personal Information.

4.1.7 TO ENFORCE THE TRAINER’S TERMS OF USE AND TO COMPLY WITH LAW: (1) to enforce the Trainer's rights against You or in connection with a breach by You of this Privacy Policy or the Terms of Use; (2) to investigate or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, the Trainer's users, or others; (3) to prevent prohibited or illegal activities; (4) to prevent situations involving potential threats to the physical safety of any person; or (5) when required by any applicable law, rule, regulation, subpoena, or other legal process.

4.1.8 TO PROCESS PAYMENTS: To use certain services on the Product, the Trainer may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers.

4.1.9 And to fulfil other purposes related to the Trainer's Product, subject to Your explicit consent if consent is required by law.

4.2 USE OF COOKIES AND USAGE DATA

Trainer may use session Cookies and usage data to fulfil the Purpose, by tracking information about You as related to Your usage of the Product, and correlating to other personally identifiable information collected while on the Product or connected to the Trainer's third party processors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers”). The Trainer may also use Cookies that are created by the Product to secure Your login session and to help ensure the security of Your account.

4.3 USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND TO ACHIEVE THE TRAINER’S BUSINESS GOALS

To fulfil the Purpose, the Trainer may share Personal Information or with the Trainer's affiliates, acquirers or third-party collaborator or vendors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers”), subject to the following conditions:

4.3.1 USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: The Trainer's service providers are restricted from using Your Personal Information in any way other than for the service they are providing or as it relates to Trainer's Purpose fulfilled by such transfer; this includes the use of Cookies by Trainer's third parties so long as the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.

4.3.2 THIRD PARTIES MUST ADHERE TO THE TRAINER’S STANDARDS: The Trainer ensures that such third parties maintain reasonable and appropriate safeguards that do not breach the Trainer's safeguards of security requirements set out In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies by any third party differs materially from the practices already listed, the Trainer will revise this document accordingly and notify existing users of the change(s).

4.3.4 OVERSEAS TRANSFERS: You acknowledge that from time to time, information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to the U.S.A and the U.K. By using the Product or accessing the Website, You acknowledge that the Trainer’s suppliers, contractors or agents that are situated overseas may have access to your information.

4.4 RIGHTS TO CONTENT PROVIDED BY THE END-USER

4.4.1 FOR INFORMATION YOU PROVIDE. By posting content on the Application or Product  (the “User Data”), the End-User hereby grants to the Trainer a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through multiple channels, and bundled with  other applications or materials) such content, and further, the agrees to waive any moral rights to such User Data, and agrees that the Trainer may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The End-User agrees that the End-User will defend, indemnify and hold harmless the Trainer from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third party intellectual property related to such End-User Data.

4.4.2 FOR INFORMATION WE AUTOMATICALLY COLLECT. Collection and Analysis of Data. The Trainer creates benefit to all of its End-Users by analyzing the Trainer Data for the purposes of Product improvements. The End-User agrees that the Trainer shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Trainer products and related systems and technologies, and the Trainer will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Trainer products generally, (ii) for other development, diagnostic and corrective purposes in connection with the Products and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected End-User or its business. 

5. LIST OF THIRD PARTY PROVIDERS

• Invoice2Go: https://website-wp-web.invoice2go.io/en-gb/

• Stripe: https://stripe.com/au?utm_campaign=paid_brand-AU_en_Search_Brand_Stripe-908244709&utm_medium=cpc&utm_source=google&ad_content=301607044444&utm_term=stripe&utm_matchtype=e&utm_adposition=1t1&utm_device=c&gclid=EAIaIQobChMI6J_Nzr-R5wIVTx0rCh1iIAROEAAYASAAEgIqYfD_BwE

• PT Distinction Ltd: https://www.ptdistinction.com/terms/terms.php

Last modified: 28 January 2020