Privacy Policy

Last updated: November 22, 2018

We know you care about how your personal information, or the information of your athletes, is used and shared and we take privacy seriously. We have therefore documented how we deal with personal information in this Privacy Policy. Please read it carefully and share it with your athletes so everyone involved knows how their information is handled by us.

Also, if you are an athlete manager, please be aware that before using GymAware Cloud or our website, you must gain appropriate consent from any athlete you plan to enter into our system, including parental consent for any athlete under 18 years of age.

References to ‘you’ or ‘your’ throughout the remainder of this Policy refer to the person whose information is being collected.

When you use GymAware Cloud, or when you access our website or use other services provided by us, you agree that you accept the practices and policies outlined in this Privacy Policy. You consent to Kinetic Performance Technology Pty Ltd (‘KPT’) collecting, using and managing your information in the ways detailed in this Policy.

This Policy explains how we deal with your personal information in as clear a method as possible, but if you have any questions or concerns please contact us via office@kinetic.com.au.

Who are we?

KPT is an Australian based hardware and software company working with coaching staff to help them better understand their athletes’ performance.

GymAware Cloud is a Software as a Service (SaaS) product that synchronizes data among your iPads and provides management, insights and reporting tools that extend the usefulness of the GymAware PowerTool.

GymAware Cloud is hosted on servers in the United States of America.

What does this Privacy Policy cover?

This Privacy Policy covers treatment of personal information – all the things we know about you or that we gather when you are using GymAware Cloud or accessing or using our Website or services. It does not cover the practices of companies we don’t own or control, or people that we don’t manage.

This Policy provides a standard for KPT with respect to its treatment and protection of personal information globally. Certain local laws may require stricter standards. Where local laws are stricter than this Policy, we will handle personal information in accordance with applicable laws and regulations at the place where the personal information is collected. Where applicable local law provides a lower level standard of protection than established by this Policy, then the requirements of this Policy will govern how we treat the personal information collected in that location. Questions about compliance with local law may be addressed to office@kinetic.com.au.

Sensitive information: The Privacy Act 1988 (Cth) defines some types of personal information as sensitive. We don’t commonly collect sensitive information, which includes information about a person's race, ethnic origin, political opinions, health, religious or philosophical beliefs and criminal history.  In the event we require any sensitive information, we would only collect this with your permission, and we will only use it for the purpose for which you provided it.

Will we ever change this Privacy Policy?

We’re constantly trying to improve our services, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by placing a notice on kinetic.com.au, by sending you an email, and/or by other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of GymAware Cloud, our Website and services, and you are still responsible for reading and understanding them. If you use GymAware Cloud, the Website or our services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

Why do we collect personal information?

We gather various types of personal information from our users, as explained in more detail below, and we use this personal information internally in connection with providing GymAware Cloud, the Website and services, including to personalise, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfil your requests for certain products and services, and to analyse how you use GymAware Cloud, our Website and services. In certain cases, we may also share some personal information with third parties, but only as described below.

What information do we collect?

Information you provide to us:

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect personal information such as your name, date of birth, email address, street address, phone number, jersey number, photo, sport and position and squad-related information . Certain information may be required to register with us or to take advantage of some of our features. If you choose not to provide your personal information, we may not be able to provide you with the services you have asked for or give you the level of service you expect. We may also collect information about how and where you purchase and use our Website and services.

We may communicate with you if you’ve provided us with the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of our Website and services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please select the relevant opt out options when you sign up for Our Services, or unsubscribe option from the newsletter.

Information collected automatically

Whenever you interact with our Website or services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Website or services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve our Website or services – for example, this data can tell us how often users use a particular feature of the Website or services, and we can use that knowledge to make the Website or services interesting to as many users as possible.

The GymAware App automatically collects data on each of the athletes registered to use it. This data includes time and displacement from which velocity, acceleration, power, force and range of other associated metrics are calculated.

Information we collect from others

Other people might give us personal information about you. For example, we might be given personal information by your employer, trainer or manager, or by your parent or guardian if you are under 18.

We may also collect personal information from other companies that are able to disclose it to us.

Payment details such as credit/debit card info

We do not store credit/debit card information. This information is handled directly by our payment processing services to complete a transaction you requested.

Will we share any of the personal information we collect?

We do not rent or sell your personal information to anyone other than with third parties as described in this section:

Information that’s no longer personally identifiable

We may anonymise your personal information so that you are not individually identified, and provide that information to our partners for research purposes. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our products, Website or services. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.

Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.

Managers and Trainers

If you are an athlete, your manager or trainer may access and request your personal information.

Business Transfers

We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.

Protection of KPT

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our terms of service, policies and other agreements; or protect the rights, property, or safety of KPT, our employees, our users, or others.

Is your personal Information secure?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavour to protect the privacy of your account and other personal information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What personal information can you access?

You have the right to request a copy of any personal information we hold about you. However, there are circumstances under Australian privacy laws where we may not give you access to the personal information we hold about you. For example, we can't give you access if it would unreasonably affect someone else's privacy or if giving you access poses a serious threat to someone's life, health or safety.

There is generally no cost for accessing the personal information we hold about you, unless the request is complex or resource intensive. If there is a charge, it will be reasonable and we will let you know what it is going to be so that you can agree to it before we go ahead.

You have the right to request us to rectify or erase your personal information and the right to lodge a complaint with a supervisory authority if you are not satisfied with our response to your request. We will respond to this request in a timely manner, not exceeding 30 days. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after deletion of such information from your account. We may use any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.

We aim to keep the personal information we hold about you accurate, up-to-date and complete. If you think our records need to be corrected, please contact us at office@kinetic.com.au.

Where is your personal information held?

Your personal information is held:

  • in your GymAware Cloud account;
  • on each of the iPads you have synchronized with the server; and
  • in an application you have granted permission to access through your API tokens.

When will we remove your personal information?

We will mark your personal information for deletion from our systems when your account has been unpaid for 90 days. We may also delete your personal information:

  • when you contact us and ask us to delete your account;
  • when your trainer or manager has archived your data – your personal information is removed after a period of inactivity (Configurable in your settings); or
  • when you delete the app from your iPad as all your personal information will be removed with it (however, not that videos and data files you have exported will still exist).

Residents of the European Economic Area

You may choose not to provide Us with your personal information. However, if you choose not to provide your personal information (or Personal Data as defined in the GDPR), you may not be able to enjoy the full range of Services that We offer.

You have the following rights:

  • Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
  • Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected, as permitted by law.
  • Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or, (iv) when your Personal Data has been unlawfully processed.
  • Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your Personal Data is contested; when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of KPT override your grounds.
  • Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
  • Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions, and processing for direct marketing purposes. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Returns and Refunds

Thanks for purchasing GymAware. If you are not entirely satisfied with your purchase, we're here to help.

Returns

You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.

Refunds

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.

Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.