Privacy Policy

Updated 19 April 2021

For the purposes of this Privacy Policy, YBell Fitness, We, Our or Us refers to Y Bell Group Pty Limited ACN 611 976 080 and YBell Fitness, Inc. The user of the YBell Fitness website is You or Your.

Your privacy is important to YBell Fitness. This Privacy Policy provides information about the personal information that YBell Fitness collects, and the ways in which YBell Fitness uses that personal information. This Policy explains how We collect, use and manage Your personal information in accordance with the Australian Privacy Principles (“APP”) and the Privacy Act 1988 (Cth) (collectively the “Privacy Act”). If You are in the European Union (“EU”), please see Section 11 below for EU Residents.

1. ABOUT THIS PRIVACY POLICY

This Policy explains the following:

the kinds of personal information that YBell Fitness collects and holds about You;
how YBell Fitness collects Your personal information;
how YBell Fitness holds Your personal information;
the purposes for collecting, holding, using and disclosing Your personal information;
how You may access Your personal information held by YBell Fitness and seek corrections to that information;
how You make a complaint about the way YBell Fitness collects, holds, uses or discloses personal information, and how YBell Fitness will deal with privacy-related complaints; and
whether YBell Fitness will or is likely to disclose Your personal information to overseas recipients and the countries where such recipients may be located.

2. WHAT WE COLLECT

YBell Fitness will collect and hold information on the individuals that We interact with that is reasonably necessary for the activities and functions of Our business. YBell Fitness will collect and hold the name and contact details of the individuals that We deal with, including individuals who are customers, prospective customers, prospective employees, suppliers, distributors, service providers, partners and contractors.

To satisfy Our obligations under the laws under which We operate, We may need to retain Your information after a particular transaction has ended. YBell Fitness will only hold Your personal information that identifies You for as long as reasonably necessary and permitted under Australian law.

Sensitive information is personal information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information or health information. YBell Fitness will not collect, use or disclose sensitive information about You unless We need the information for one of Our functions or activities and We have Your consent (or We are legally required to do so).

YBell Fitness allows You to interact with the https://www.ybellfitness.com website anonymously and use a pseudonym if the inquiry is general in nature. If You wish to interact with YBell Fitness in relation to business that You are doing with us, then We will need to identify You before We engage with You. If You wish to obtain information from Us about Our fitness products, programming or services, then through Our website YBell Fitness will ask for Your name, email address, telephone number and company name and if You call Our offices or email us, We will ask for similar information. If You want to download white papers and business studies from the YBell Fitness website, We will ask for Your name, email address and company name.

3. HOW YBELL FITNESS COLLECTS YOUR PERSONAL INFORMATION

YBell Fitness will collect personal information directly from You in person or by telephone, email, the Internet, fax or when You complete an inquiry or contact form on Our website.

In some situations, We may collect Your personal information from one of Our related companies or from a third party. We will only do this where it is impracticable or unreasonable for Us to collect it directly from You. Like most businesses, We may collect personal information about You from recruitment consultants, suppliers, distributors, resellers, service providers, partners, someone that You have authorised to act on Your behalf or from one of Our related or associated companies or businesses in Australia or overseas.

4. HOW WE HOLD YOUR PERSONAL INFORMATION

YBell Fitness protects Your personal information from unauthorised access, modification, misuse, interference and loss. YBell Fitness does this by:

securing all personal information;
limiting access to those people in Our company that need access; and
using firewalls and other Internet security measures (such as identification codes and passwords) to control access to Our computer systems.

5. WHY WE COLLECT, HOLD, USE AND DISCLOSE

YBell Fitness collects, holds, uses and discloses Your personal information so that We can perform Our functions and activities and manage and administer Our business, which involves offering fitness products, programming and services to Our customers, who may be businesses or individuals. If YBell Fitness did not collect Your personal information, then YBell Fitness may not be able to deal with You and provide You with Our products, solutions and services.

If You are a customer or employee of a customer, then YBell Fitness holds Your personal information in order to communicate with You and notify You of information about the products or services that You have obtained from us. YBell Fitness also holds Your personal information in order to identify You when You communicate with us. You may also be a contractor, prospective employee, supplier, distributor, reseller, service provider, partner or a party with whom We do or have done business, or may do business with in the future and YBell Fitness holds Your personal information for communication and identification purposes.

YBell Fitness will seek Your consent if We need to use Your personal information for a purpose that is not related to the purpose for which We originally collected Your information.

Direct Marketing. As part of Our service to You, YBell Fitness may use Your personal information that We have collected to inform You about a product, solution or service that may be of benefit to You. We may send You marketing materials about products, solutions or services that may be of interest or send You notifications in relation to the products and services that You are currently using.

If You do not want Your personal information to be used for direct marketing purposes, please use the “Contact Us” form on Our website and “opt out” of receiving Our direct marketing. Once You notify Us that You want to opt out, YBell Fitness will remove You from Our mailing lists. If You receive direct marketing material from YBell Fitness by email, You may opt out by pressing the “Unsubscribe” button imbedded in the email.YBell FitnessYBell Fitness

6. HOW YOU GAIN ACCESS TO YOUR PERSONAL INFORMATION

You are entitled to find out what personal information We hold about You. The simplest way is to telephone one of Our offices and ask to speak to one of Our sales or customer service representatives. If Your request is complex, then We may ask that You make the request in writing. You can make the request by email to privacy@ybellfitness.com or using the “Contact Us” form on Our website, which is available from this link — https://www.ybellfitness.com/contact.

If You believe that the information that We hold about You is inaccurate, incomplete or out-of-date, then please let Us know so that We can promptly correct it. You can ask Us to correct Your personal information by email to privacy@ybellfitness.com or using the “Contact Us” form on Our website, which is available from this link — https://www.ybellfitness.com/contact.

In certain situations, YBell Fitness may not agree to a request to correct information it holds about You. If this occurs, We will advise You of this and Our reason for not agreeing to the correction request.

7. RESOLVING YOUR CONCERNS

You may make a complaint about Our handling of personal information if You believe that Your privacy has been compromised or that We have breached the Privacy Act. If You have a privacy complaint, please contact the person You have been dealing with by telephone or email. Alternatively, You can make a complaint by email to privacy@ybellfitness.com or using the “Contact Us” form on the YBell Fitness website, which is available from this link — https://www.ybellfitness.com/contact.

If the complaint remains unresolved, You may refer the matter to the Office of the Australian Information Commissioner (the “OAIC”). The contact details for the OAIC are:

The Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
Australia
Phone: 1300 363 992
Fax: 02 9284 9666
Website: www.oaic.gov.au

8. WHETHER WE HOLD INFORMATION OVERSEAS AND WHERE

To offer You the best possible services, YBell Fitness will from time to time share Your personal information with Our related companies, some of whom may be located overseas. YBell Fitness may also disclose personal information to organisations located overseas who are Our service providers.

9. USE OF OUR WEBSITE

YBell Fitness may collect non-personal information from You when You use Our website such as Your browser type, operating system and web pages visited in order to help Us manage and optimise Our website. YBell Fitness may use “cookies” and other Internet technologies to manage Our website. A “cookie” is a packet of information that allows Our website server to identify and interact more effectively with Your computer. When You access Our website, We may send You a temporary or “session cookie” that gives You a unique identification number. A different identification number is sent each time You use Our website. Shortly after You complete Your interaction with Our website, the cookie expires or “crumbles”. This means it no longer exists on Your computer and therefore cannot be used for further identification or access to Your computer.

Our website may also contain links to websites of third parties. We provide these links for convenience only and You should be aware that the privacy policies and information handling practices of these other websites may differ from ours. As a result, We cannot guarantee the privacy practices of other websites to which We provide a link.

10. UPDATING THIS PRIVACY POLICY

YBell Fitness may update this Privacy Policy by posting a new version on this website. You should check this page occasionally to ensure You are familiar with any changes.

11. INFORMATION FOR EU RESIDENTS

The data controller is Y Bell Group Pty Ltd ACN 132 380 780, Suite 802, Level 8, 23 O’Connell Street, Sydney, New South Wales 2000.

Our representative in the EU is:

GDPR-Rep.eu
iuro | Dr. Andreas Mätzler
Attorney at Law
c/o YBell Fitness
Schellinggasse 3/10
1010 Vienna, Austria

Privacy-related questions can be directed to privacy@ybellfitness.com.

You are not legally required to provide YBell Fitness with the personal information described in this Privacy Policy. Further, the contractual relationship that You might have entered into with YBell Fitness by purchasing Our fitness products, programming or services does not imply any obligation to provide Your personal information. However, You might not be able to use Our fitness products, programming or services to the full extent if You do not provide Us with certain personal information or object to the use of this personal information.

Our Legal Basis for Processing. When processing Your personal information, YBell Fitness relies on the General Data Protection Regulation (“GDPR”), an EU-wide legal framework for the standardisation of data protection. YBell Fitness primarily processes data as a controller, for the purposes explained in Sections 2, 3, 4 and 5 above of this Privacy Policy. These purposes represent Our legitimate interests for the purposes of Article 6 (1) f) GDPR. At the same time, some of the personal information YBell Fitness processes is necessary for Us to perform a contract with You or in order to take steps at Your request prior to entering into a contract with You. For example, if You express Your interest in purchasing Our fitness products, programming or services and use the Contact Form on Our website, YBell Fitness will process the personal information submitted to comply with Your request. This may include sharing Your personal information with a subsidiary of YBell Fitness or an authorised distributor or partner. In addition, YBell Fitness is legally obliged to provide certain information to criminal prosecution or tax authorities in individual cases upon request. In these cases, the legal basis for the processing is either legal requirements (Article 6 (1) c) GDPR) or reasons of public interest (Article 6 (1) e) GDPR).

Transferring Your Data outside the EU or the European Economic Area (EEA). YBell Fitness’s principal place of business is in Australia, which is a “Third Country” under the GDPR. Third Countries are generally not considered to afford the same level of protection that You enjoy in the EU, but YBell Fitness still provides an adequate level of protection for Your personal information – decision 2002/2/EC of the EU Commission states that Australia is deemed to provide an adequate level of data protection regarding commercial organisations such as YBell Fitness.

User Profiles. We may use Your personal information for “Profiling“. This means that YBell Fitness may use Your personal information to make tailored offers based on Your previous behaviour as well as to serve You personalised ads. However, YBell Fitness will never process and analyse Your personal information in the context of Profiling in a way would lead to an automated decision that has a legal effect on You or significantly impairs You in a similar way.

Your Rights regarding the Processing of Your Personal Information. As a natural person, You have certain rights as a “Data Subject”. You can assert the following rights against Us under the GDPR:

Your right to information and access under Article 15 GDPR,
Your right to correction under Article 16 GDPR,
Your right to erasure under Article 17 GDPR,
Your right to restriction of processing under Article 18 GDPR, and
Your right to data transferability under Article 20 GDPR.

In addition, You have a right of objection to the competent data protection supervisory authority under Article 77 GDPR, but only with respect to the data processing We conduct on Our own behalf, as a controller. If YBell Fitness acts as a processor of Your data for a third party, You must refer to the entity acting as controller to assert this right.

Information about Your Right of Objection under Article 21 GDPR:

Right of objection in individual cases. In addition to the rights already mentioned, You have the right, for reasons arising from Your particular situation, to object at any time to the processing of personal information relating to You, which is processed on the basis of Article 6 (1) e) GDPR (data processing in the public interest) and Article 6 (1) f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR. If You file an objection, YBell Fitness will no longer process Your personal information unless YBell Fitness can prove compelling grounds for the processing that outweigh Your interests, rights and freedoms or the processing serves to assert, exercise, or defend legal claims. Please also note that if YBell Fitness terminates the processing due to Your objection, the fitness products, programming or services may no longer be available to You or only to a limited extent.
The right to object to the processing of data for advertising purposes. You also have the right to object at any time to the processing of Your personal information for the purpose of direct marketing, including any subscription to Our newsletters or personalised ads. This also applies to Profiling, insofar as it is associated with such direct marketing. If You object, YBell Fitness will no longer process Your personal information in the future.

The objections can be made form-free and should be addressed to: privacy@ybellfitness.com.

12. INFORMATION FOR WEBSITE USERS WHO SIGN UP FOR SMS VIA TEXT

YBell Fitness Messaging Privacy Policy

This Messaging Program Privacy Policy explains how YBell Fitness collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.

Collection of Information

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
Legal Requirement and Protection of Attentive and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

Retention of Information

We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.

Choices and Controls

Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our Terms.

Customer Care

If you are experiencing any problems with the Messaging Service, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Main Privacy Policy

By signing up to receive text messages from us, you also agree to our main Privacy Policy.