PRIVACY POLICY

 

Effective Date: 10 February 2025

 
Your Privacy and Apex Strength Society Pty Ltd (ACN 621 216 813) trading as Apex Strength Society (collectively and individually referred to as “Apex Strength Society”, “we”, “us” or “our”).

 

1. WHO WE ARE AND HOW YOU CAN CONTACT US

1.1. We are Apex Strength Society and we are based in New South Wales, Australia. We are committed to protecting your privacy and respecting and upholding your rights when you use this Site. This Privacy Policy applies to the products and/or services we provide on our Site https://www.apexstrengthsociety.com (“Site”) and our social media channels, and explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and constitutes part of our Website Terms and Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, Pinterest, X, or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy.

1.2. You can contact us for privacy related questions by contacting us at [email protected].

1.3. We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.

 

2. AGE OF CONSENT

By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.

 

3. UPDATES TO OUR PRIVACY POLICY

Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy, so you know it's the latest version. If at any time you choose not to accept the terms in our Privacy Policy, you should not use our Site. Your continued use of our Site is deemed acceptance of any modifications or amendment to this Privacy Policy.

 

4. OUR ROLE IN YOUR PRIVACY

If you are a customer, client, member, subscriber or just a visitor on our Site, this Privacy Policy will apply to you.

 

5. OUR RESPONSIBILITIES

As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.

 

6. YOUR RESPONSIBILITIES

Please read this Privacy Policy and our Website Terms and Conditions. If you provide us with any data relating to a third-party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy. It is also your responsibility to inform them about our privacy practices, including how we collect, use, disclose, and retain their Personal Information as outlined in this Privacy Policy. By sharing another person’s Personal Information with us, you agree to indemnify and hold us harmless from any claims, liabilities, damages, or expenses arising from your failure to obtain consent or inform the individual of our privacy practices as required under this section.

 

7. WHEN AND HOW WE COLLECT DATA

7.1. From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:

a) You make a purchase on our Site, including but not limited to, online course, membership, webinar, program, or any other products or services available for purchase;

b) You interact with us on social media;

c) You leave a comment on our blog;

d) You complete any contact forms, sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails;

e) You participate in seminars;

f) You participate in events, promotions and giveaways or any request for additional data such as customer surveys;

g) You subscribe or opt-in to our mailing list;

h) You accept our cookies and tracking technologies, which may include services from third parties that provide analytics, traffic management, content delivery, and load balancing (e.g. CDNs); or

i) You voluntarily submit your data to us for any reason.

7.2. We may collect other personal data about you from other sources. Such data may be obtained from government registers and/or is publicly available.

 

8. TYPES OF DATA WE MAY COLLECT

8.1. Contact details (name, address, email, phone number).

8.2. Financial Information (bank details when you are making a purchase).

8.3. Your business name (sometimes).

8.4. Profile details (username or similar).

8.5. Basic information about your business and its history (sometimes).

8.6. Data about the products or services you purchase.

8.7. Data about your experience with our Site and our products and services.

8.8. Data relating to your circumstances and such other information that is relevant to the products or services we provide to you.

8.9. Data relating to your attendance at seminars or other events held by us (including webinars and podcasts).

8.10. Data that identifies you (your IP address, login, browser type, time zone, browser plugins, geolocation, what operating system and version). We do not link this with any personal Data.

8.11. Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions).

8.12. Data about marketing and communications (including your preferences in receiving marketing from us and our third parties and your communication preferences).

8.13. Data about your customer or client profile (including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses).

8.14. We may also collect technical data via third-party services, such as content delivery networks or font services, to improve the performance and functionality of our Site. These services may collect information like IP addresses to ensure proper delivery and functionality.

 

9. USE AND DISCLOSURE OF YOUR DATA

9.1. Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.

9.2. We will use your data for the purposes it was collected and related purposes which include:

a) Operating our Site;

b) Providing you with products, information and services;

c) Customer support;

d) To contact and communicate with you;

e) To maintain a database of customers, subscribers or similar;

f) Tracking your purchase history;

g) Detecting and preventing fraud;

h) Improving our Site;

i) Making your experience on our Site more efficient and enjoyable;

j) Market research e.g. we may contact you for feedback about our products and services;

k) Provide you with information about events, other products or services or opportunities that may be of interest;

l) Marketing (with your consent);

m) For record keeping;

n) As needed in our business; and

o) Monitoring your compliance with our Website Terms and Conditions.

9.3. We may disclose your data for the purposes it was collected and also:

a) As required by law subject to our legal obligations;

b) With your explicit consent;

c) Within our business, limited to employees and trusted service providers who have a legitimate interest to access your data in order to provide our products and/or services;

d) To send you marketing material (with your consent);

e) To process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms); and

f) Share with third parties who are necessary to enable us to provide our products and/or services to you, subject to appropriate confidentiality and data protection agreements.

 

10. DOXXING AND DATA MISUSE

The unauthorised publishing or sharing of personal data online (commonly referred to as “doxxing”) is strictly prohibited. We take all necessary steps to protect personal data, and any misuse of data may result in legal action, including criminal charges, under Australian privacy law.

 

11. GOOGLE ANALYTICS

11.1. We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.

11.2. Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.

 

12. META INSIGHTS

In our efforts to continuously improve your experience on our platform, we utilise Meta Insights and Meta Analytics to understand how you interact with our content on our Facebook page. This technology helps us to measure and analyse user engagement and effectiveness of our services, ensuring we can enhance our offerings to better meet your needs. For details on how Meta collects and uses your data, we encourage you to review Meta’s Privacy Policy available here. Should you prefer to not have personalised as on Facebook based on the data collected, you have the right to modify your ad preferences. This can be done by accessing your Facebook settings and navigating to “Ad Preferences”, where you can adjust your settings according to your preferences.

 

13. COOKIES AND HOW TO TURN THEM OFF

13.1. Our Site uses cookies and similar technologies to provide certain functionality to our Site. Cookies are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems, and the Help function in your browser will tell you how to restrict or block the cookies.

13.2. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively, or you may not be able to access all or parts of our Site.

 

14. WEB BEACONS

We may use web beacons (also known as clear gifs) on our website and in our emails. These enable us to track behaviours such as email opens and link clicks, as well as collect information like your IP address, browser type, or email client. This data helps us analyse and improve the performance of our email campaigns, ensuring we can provide you with services that better meet your needs. You can opt out of receiving emails from us at any time by clicking the “unsubscribe” link included in each email.

 

15. MARKETING

15.1. We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:

a) contacting us via email at [email protected]; or

b) unsubscribing within the email if you have previously subscribed to our mailing list.

 

16. SMS MARKETING AND NOTIFICATIONS

16.1. By providing your phone number and opting in to SMS marketing, you agree to receive text messages from us regarding your purchases, promotions, and updates. Message and data rates may apply. You can opt out at any time by following the instructions provided in the messages.

16.2. How We Use Your Information for SMS

When you provide your phone number, we collect and store this information for purposes such as sending order updates, promotional offers, and marketing messages. We do not share your phone number with third parties except as required to process your requests or when required by law.

16.3. Opt-Out and Data Removal

You can opt out of SMS marketing at any time by replying 'STOP' to any of our text messages. Once opted out, you will no longer receive SMS marketing from us, but you may still receive essential transactional messages regarding your orders.

 

17. CHOOSING NOT TO PROVIDE PERSONAL DATA

You can choose not to provide us with any personal data. However, if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.

 

18. YOUR RIGHTS

You can exercise your rights at any time by contacting us via email at [email protected].

 

19. ACCESSING INFORMATION, WE HOLD ABOUT YOU

We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can't comply with your request and why.

 

20. INACCURATE INFORMATION

You can contact us to ask us to correct any information we hold about you that you believe is inaccurate. We will endeavour to promptly correct any information found to be inaccurate and to notify you of the correction, unless it is impracticable or unlawful to do so.

 

21. OBJECTIONS TO USING DATA FOR PROFILING OR AUTOMATED DECISIONS

21.1. We may analyse your data to determine the products and services that are most relevant to you, such as tailoring our emails based on your behaviour. However, we will not use your data for any automated decisions that could significantly impact you without your explicit consent or where required or authorised by Australian law. The primary purpose of using your data is to provide our products and services to you effectively.

21.2. In cases where we use automated systems to make decisions that may impact your rights or interests, we will ensure transparency. Our privacy policy outlines the types of personal data these systems use, the nature of the decisions being made, and the role these systems play in the decision-making process. You may contact us if you wish to know more about how these systems work or to request human review of any automated decision.

 

22. THE RIGHT TO BE FORGOTTEN

22.1. You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.

22.2. Please note that if we agree to delete your information, because of backups and records of deletions, it may be impossible to completely delete your information without retaining some residual information. We will functionally delete the information and we will not use personal information relating to you in any way moving forward.

 

23. MAKING A COMPLAINT

23.1. We hope that you will not have complaints but if you do please raise them with us. If you have any complaints regarding how your data is handled, please contact us via email at [email protected]. If you are not satisfied with our response to your complaint, you may seek a review by contacting the Office of the Australian Information Commissioner (OAIC) via their website https://www.oaic.gov.au.

23.2. If you are located in the European Union and feel your data has been mishandled, you may lodge a complaint with your local data protection authority, which you can find through the European Data Protection Board (EDPB) at https://edpb.europa.eu/about-edpb/board/members_en.

23.3. Under Australian privacy laws, individuals may take legal action for serious invasions of privacy, including intrusion upon seclusion or misuse of private information. If you believe your privacy has been intentionally or recklessly breached, and the invasion is serious, you have the right to seek compensation or other remedies through the courts.

 

24. SECURITY OF THE DATA WE COLLECT

24.1. We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:

a) Password access to accounts;

b) Storing electronic data with reputable third-party storage providers who have appropriate security protections;

c) Limit access to personal information to individuals who need to know;

d) Using payment providers who are PCI DSS compliant; and

e) We do not store your payment details.

 

25. WHERE WE STORE DATA

We use service providers based in Australia. We may share your data with overseas organisations in countries or under privacy frameworks approved by the Australian Government. These countries are deemed to have privacy protections similar to Australia’s. Where applicable, we take steps to ensure that your data remains protected in line with Australian privacy laws.

 

26. HOW LONG WE STORE DATA FOR

We will retain your data for as long as it is reasonably necessary for the purposes for which it was collected, and as required by Australian law. The specific retention period will depend on your interactions with us. If you have made a purchase, we will keep a record of your purchase for the period necessary to fulfill our invoicing and tax obligations as mandated by Australian tax laws. Once we no longer require your information for the stated purposes, we will securely delete it or anonymise any data that is no longer necessary, in accordance with applicable Australian privacy regulations.

 

27. THIRD PARTIES WHO ACCESS YOUR DATA

27.1. We share data with third parties in the following circumstances:

a) Other companies in our group of companies, as necessary to operate our Site;

b) Our suppliers and service providers working for us e.g. payment processors;

c) Our professional and legal advisors;

d) Third parties engaged in fraud prevention and detection;

e) Law enforcement or other government authorities;

f) Share with third parties who enable us to provide our products and services which may include:

i. payment processors such as Stripe, PayPal, and Xero who may process your payment for any products and services bought from us;

ii. Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;

iii. Other third parties such as Kajabi, TrainHeroic MailerLite, Elementor, Google and Zapier for processing and holding Data that enables us to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs, events, seminars and workshops, video training and other products and services available to you;

iv. Other third parties such as Kajabi, TrainHeroic, Memberpress, Google, Loom, MailerLite and Zoom where it is required in connection with and which enables us to deliver the products or services to you;

v. Other third parties where it is required in connection with running our business; and

vi. Other third parties where it is required in connection with the sale or purchase of any part of our business or assets; and

g) Where we have your consent to do so or otherwise where we are legally permitted to do so.

 

28. PAYMENT SECURITY

28.1. All of our real-time credit card authorisations are handled by secure third-party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:

a) Payments are fully automated with an immediate response.

b) Your complete credit card number cannot be viewed by us or any outside party.

c) All transaction data is encrypted for storage within our third-party gateway suppliers bank-grade data centre, further protecting your credit card data.

d) Our third-party gateway provider is an authorised third-party processor for all the major Australian banks.

e) Our third-party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.

28.2. We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.

 

The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.

PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.

For more insight, you may want to read Stripe’s privacy and terms (https://stripe.com/au/privacy).

 

29. LINKS TO OTHER SITES

To help you find more information, we sometimes include links to other helpful websites from our Site. Please note that this Privacy Policy only applies to information that we collect on our Site (not any other website). As we aren’t responsible for data collection on those other websites, our Privacy Policy won’t apply. We can’t guarantee any of the privacy practices of other websites, so please be safe and make sure you read their privacy policy before giving them your personal information.

 

30. GOVERNING LAW AND JURISDICTION

This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia. Any disputes arising from or in connection with this Privacy Policy will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

CONTACT DETAILS

For any questions or notice, please contact us via email at [email protected].