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Privacy Policy

Privacy Policy

At upstatstudios.com.au, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

Information We Collect

  • The type of information we collect is based on the information you give us including but not limited to your name, address, date of birth, email address and phone number or credit card information (Personal Details). Any credit card information is not retained or stored on our site. This is only captured and used to process any payment you make when purchasing or subscribing to our product and services. In addition we may also collect and store data relating to your image (if you have attended our class either online or at a studio) your fitness interest and preferences which is captured from comments you make on any of our social media platforms.
  • We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters.
  • We may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
  • Information about you may also be provided to us from other sources that is we may receive information from organisations we work closely with (third parties) e.g. business partners, authorised distributors, health and fitness clubs or other organisations that we work with to promote our brand, products and services.
  • We are also obliged to advise that should you connect with our business via social media platforms, or features of our website which in turn connect to your own online profiles or social media accounts, we may collect any information which you have permitted to be shared or made available via the settings of those individual social media accounts, e.g. if you access or like us on Facebook, we will in turn have access to your profile and data of your Facebook page. You may change your privacy and security settings of your own social media accounts to control the personal details available from time to time.

Use of Information

  • We may use personal details collected from you to the extent permitted by the applicable law for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to receive our products and services about our classes whether by registering your details to attend at a studio or via an online class with us. We will also use your personal details to correspond with you as to changes in our services and to inform you of account and policy changes which may happen from time to time. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
  • Individual profile and company details are not used for any other purpose. Your Personal Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
  • We may use your personal details to allow you to participate in interactive features of our business, including data analysis, research and testing, statistical, editorial feedback and survey purposes. Of course you may opt out at any time.
  • Before using any Personal Details we will undertake a balancing test to determine and ensure that our legitimate interests are not outweighed by your interest or fundamental rights and freedom which require protection of the personal details.
  • We will use all reasonable means to protect the confidentiality of your Personal Details while in our possession or control. We will not knowingly share any of your Personal Details with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.
  • Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

Cookies and Pixels

  • A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject and block cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.
  • Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

Disclosure of your Information in certain circumstances

  • We may from time to time need to disclose certain information, which may include your Personal Details, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Details to protect the rights, property or safety of upstatestudios.com.au, our customers or third parties.
  • If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Details, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.

Third Parties 

  • We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of upstatestudios.com.au, our customers or third parties or if required by law.
  • We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Retention of Personal Details

  • Any information and Personal Details which we collect is retained only if we need it to support and operate our business or when (permitted by law) we have a purpose for using the information that requires us to retain same.
  • Subject to applicable legislative requirements, if you cease to be a subscriber or customer of our business we will only hold your personal information for a period of 18 months following the cancellation of your subscription/account. When we no longer require Personal details we or any of the third party suppliers we use, will be required to delete the personal details.

Security of your Personal Details

  • We will at all times maintain physical, technical and administrative safeguards in order to protect the personal details you provide to our staff, via our website or social media platforms. Our security technology is regularly tested and updated and we will restrict access to your personal details to those employees of our business who need to know that information in order to provide benefits, information or our services to you.  We will train our employees to observe and understand the importance of confidentiality and maintaining confidentiality to maintain the privacy and security of your personal details. We are committed to taking disciplinary action in or to enforce the responsibilities and obligations surrounding the privacy of your personal details.

Change of Details or Opt-Out

  • You may change your Personal Details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. Upstatestudios.com.au secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
  • You may at any time choose to opt-out and seek that we delete your personal details. Any customer who opts-out we will update our records accordingly to ensure that their personal details are removed from our systems particularly in relation to marketing and promotional materials and newsletters.

Changes to this Policy

  • Subject to the applicable legislation we may update and change this Privacy Policy at any time. We will tell you and alert you to any changes and ensure a copy of the updated policy is made available either online or via post to you. Any modifications or changes we make will be effective immediately unless otherwise stated in this policy. If required by the applicable laws, we will seek your consent for such changes and also provide to you an opportunity to withdraw and cancel your subscription or membership with our business.
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