PRIVACY POLICY

In this privacy policy, “us”, “we”, or “our” means Bodies by Rachel, operators of this website.

We are bound by the National Privacy Principles contained in the Commonwealth Privacy Act 1988 (subject to any exemptions that apply to us under that Act).

We may, from time to time, review and update this privacy policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.

This Privacy Policy was last updated on 26th May, 2018.

1. Information we collect

The personal information we collect falls into four categories: contact details, click trails, activity history, and publishable content.

Contact details are collected as supplied by you from time to time. We do not personally store usable credit card information.
Click trails record the paths taken by visitors through the website. This information is generally recorded against IP address, and may be possible to correlate by computer.
Activity History consists of orders, enquiries, votes submitted via the website, or offline contact you have with us such as phone calls.
Publishable content consists of comments or other submissions of content you would like us to publish on our website.

2. How we collect it

Contact details and publishable content are collected when supplied by you either via the website or direct to us by other means. Click trails are recorded by our servers as each request reaches the website. This includes but is not limited to: The type of browser you are using

The date and time of your visit
Your IP address
The address of the website that referred you to ours
The addresses of pages accessed and any documents downloaded

Click trails can be correlated over time by the use of ‘cookies’ as outlined in section 6. In most cases click trail data is not directly individually identifiable.

Activity history is recorded whenever you undertake an activity such as submit an enquiry, make a comment, vote on an object, and may additionally be recorded by us when you contact us offline.

3. Why we collect it and how we use it

Publishable content is collected and republished where applicable in order to enable a two-way conversation in public between us and our visitors.

We collect your personal contact details and activity history:

To respond to requests or queries you raise
To confirm your identity
To fulfill orders made by you
To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.

We collect click trail data:

To measure and monitor the performance of our website
To estimate interest in our products and services
To refine and update our website’s content
To monitor our website for violations of the terms of use or any applicable laws by visitors

4. How we disclose it

We may disclose your personal information to third parties, and you consent to us disclosing your personal information to third parties, under the following circumstances:

As part of a sale of all or part of our business
When explicitly authorised to do so by yourself at the time you supply the information
As required or authorised by any applicable law
As part of any investigation by us into you or your activity on our website (including to your Internet Service Provider or network administrator)
If we have reason to believe that you have committed a breach of any of our terms of use or have been otherwise engaged in any unlawful activity and we reasonably believe that disclosure is necessary (including to the Police or any other enforcement body, or to your Internet Service Provider or network administrator)
To lessen or prevent a serious threat to a person’s health or safety

5. Publishable content

When you submit content to us for publication (including but not limited to comments, testimonials, votes, or forum posts) you assign us a transferable, perpetual right to publish and/or commercially exploit said content without limitation. You also warrant in submitting such content that the content is owned or produced by yourself or you otherwise have permission to assign publication rights to us. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion.

If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately as outlined in section 10.

6. Cookies

Cookies are electronic tokens containing small amounts of information that are passed between a web browser and server. They are used to maintain session state between pages or to retain information between visits if you return to the website at a later time.

We use cookies to correlate passive activity tracking data as well as to authenticate supply of information such as enquiries, comments, and votes to minimise malicious or spam traffic.

7. Opting in and out

You may opt out from the correlation of passive activity data by turning off cookies in your browser. Please note however that disabling cookies may result in a reduction of available functionality on our site including but not limited to the loss of the ability to post comments and vote on content.

When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means.

You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.

If you receive any communication purporting to be connected with us or our products or services that you believe has been sent to you other than in accordance with this policy, or in breach of any law, please contact us immediately as outlined in section 10.

8. Information management and security

With the exclusion of information supplied for publication (as outlined in section 5), we will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties, including by means of firewalls, password locking, truncation of credit card data, encryption of data in transit, and secured servers.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

You must ensure the security and confidentiality of any username and/or password used by yourself to access this website. You agree that you will be held responsible for all activities which occur under your username and password (including but not limited to publication of illegal or defamatory material or any other unlawful activity, or unauthorised charging of your credit card).

You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately as outlined in section 10.

9. Gaining access to your information

You have the right (excluding exceptions outlined in the Privacy Act) to seek access to and update or correct the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request.

If you would like to seek access to personal information we hold about you, you can contact us as outlined in section 10.

10. How to contact us

If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, please email: coaching@bodiesbyrachel.com.au

 

BODIES BY RACHEL TERMS AND CONDITIONS

  1. About Bodies By Rachel
    1. The Bodies by Rachel digital applications (APPs) and website at www.bodiesbyrachel.com.au (Website) are owned by Global Fitness Pty Ltd ABN 57 611 288 834 (‘Bodies by Rachel’, ‘we’, ‘our’, or ‘us’).
    2. Bodies by Rachel offers a variety of fitness and nutrition services and products via the Website including:
      1. The 6 Week Challenge – delivered by APP which can be downloaded to your mobile device;
      2. The 8 Week Challenge
      3. The 28 Day Full Body Shred 2.0 – delivered by eBook;
      4. Rachel’s 8 Week Program – delivered by email;
      5. Emma’s 12 Week program – delivered by email;
      6. a range of products including apparel, equipment, and gift vouchers; and
      7. access to private Facebook forums for participants in a particular program.
    3. Bodies by Rachel does not offer face to face personal training and does not offer individually tailored exercise, fitness or nutrition advice. 
    4. The exercise programs, meal plans and nutritional guides provided by Bodies by Rachel (Programs) are generic programs based on the goals for fitness or weight loss which you indicate through the APP or the Website and limited personal information about you.   They are general guides to weight loss management and we do not provide individual nutrition or exercise advice.
    5. The Programs do not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.
    6. Bodies by Rachel does not guarantee any particular outcome as a result of your participation in a Program or use of meal plans or nutrition guides.
    7. Before starting any exercise or weight loss or reduction program including those supplied by Bodies by Rachel, you should make sure that you are not underweight and you must seek advice from your medical practitioner before starting a Program.
    8. If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in a Program.    

  2. Terms of Use
    1. By registering an Account with us, or using or accessing the APPs and Website you will be acknowledging and agreeing that you:
      1. have read and understood these terms and conditions and agree to be bound by them;
      2. consent to the use of your personal information for the purposes set out in these terms and use of the APPs generally; and
      3. consent to receiving communications from us as outlined in paragraph 5 of these terms.
    2. Bodies by Rachel may amend its terms and conditions from time to time and will post its amended terms on the Website and APPs.  The date of posting the amended terms on the Website and the APPs will be the date the new terms come into effect and apply to you.  Your continued use of the Website and the APPs, and purchase of goods and services from Bodies by Rachel after posting of the amended terms will indicate your acceptance of the amended terms.

  3. Registration on a Program and licence
    1. Customers must be at least 18 years old in order to register an Account or participate in a Program.
    2. Purchase of a Program is for you as a single user only.  You may not authorise third parties to use any Program, or other digital product or service supplied by us to you via your Account.
    3. Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only and breach of this term will entitle us to terminate the agreement with you without refund.
    4. On registration on a Program, Bodies by Rachel grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the Program in accordance with these terms and conditions and solely for your personal use and enjoyment.

  4. Paying for Programs and refunds
    1. Customers must pay for all Programs and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal in the Website.
    2. In the event that  you are diagnosed with a medical condition (including pregnancy) after you have purchased that Program which prevents your participation in a Program, we will provide you with a refund of the fee for the relevant Program upon receipt of written evidence from your medical practitioner that you cannot participate in the Program due to your medical condition. 
    3. No other refunds are available in respect of Programs.    

  5. Privacy
    1. Bodies by Rachel is committed to protecting your privacy.   
    2. When you register an Account or purchase a Program, we will have access to personal information about you, such as information relating to your finances.  We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.
    3. Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and participation in Programs.
    4. If we are required by law or if necessary for debt collection reasons, your personal information may be disclosed to a third party. 
    5. Bodies by Rachel conducts its business across Australia and the world and may need to share personal information with third parties for the purposes of providing the Bodies by Rachel goods and services and conducting its business (Purposes).   
    6. Customers consent to the disclosure of their personal information for the Purposes including to overseas recipients.
    7. Overseas recipients may include entities providing services to us (including computer servers) based in India or worldwide.
    8. We may use SMS and/or email to communicate with you.  From time to time, we may send you information about Bodies by Rachel by post, email, telephone call or SMS.
    9. We may need to contact you to:
      1. administer accounts and process payments;
      2. communicate with you regarding any issues affecting your registration on a Program or use of the APPs;
      3. provide information on services and benefits available to you through the APPs;
      4. provide reminders of Program key dates;
      5. provide you with our periodic newsletters and updates about our services or special offers available to you; and
      6. conduct market research or surveys to improve the services provided by Bodies by Rachel.
    10. If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. Customers acknowledge that if they opt out of receiving SMS or other communications from us, this may adversely affect your use of the APP or participation in a Program.
    11. Bodies by Rachel may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

  6. Bodies by Rachel Rules including for use of social media
    1. Customers must:
      1. ensure that their login details for the Website and any APP (including usernames  and passwords) are kept confidential and not disclosed to any other party;
      2. notify Bodies by Rachel immediately if you suspect or know that your Account has been accessed without your authority;
      3. accept responsibility for all activity on your Account or Program which takes place using your login or password;
      4. not use the APPs, a Program or the Website for any illegal purpose;
      5. not undertake any activity which uses, exploits or affects the Brand or the Bodies by Rachel Intellectual Property except for the purposes of your personal participation in a Program or personal use of any goods or services purchased through the Website;
      6. not interfere with the enjoyment of another Customer;
      7. not perform any fraudulent activity in connection with the APP’s, a Program or the Website;
      8. not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology.
    2. Some Programs offer participation in private Facebook forums.  Customers agree that at all times when participating in such forums or when posting about Bodies by Rachel on any social media platform they will:
      1. treat other Customers and Bodies by Rachel (and its staff and contractors) with dignity, support and respect;
      2. not display or engage in activity that facilitates illegal activity;
      3. not post, publish, distribute or display sexually explicit images or words;
      4. not promote violence; and
      5. not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.
    3. Bodies by Rachel reserves the right, in its absolute discretion, to remove any social media content and any information posted on any APP or website or social media forum which Bodies by Rachel considers breaches the rules set out in this agreement.
    4. Customers are responsible for obtaining and maintaining the data network access to use the Website and Programs. Customers are also responsible for updating their devices to enable use of the Website and Programs and APPs and any updates to the APPs or the Website.
    5. Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking the Program.   

  7. Suspension or termination of your use of the APP
    1. Bodies by Rachel may suspend or terminate your Account or registration on a Program at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
    2. Bodies by Rachel will suspend or terminate the Account by written notice to the User (which will include notice by email). This may include but is not limited to when a User is being investigated by Bodies by Rachel or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.
    3. Bodies by Rachel may amend or remove your membership of any Facebook or other social media groups associated with a Program, or any posts you place on such social media platforms at any time at its absolute discretion.
    4. Customers may stop using a Program, the APPs and the Website at any time. 

  8. Complaints
    1. Customers may make a complaint about any goods or services supplied by Bodies by Rachel or any other matter concerning Bodies by Rachel by email to coaching@bodiesbyrachel.com.au.
    2. Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.
    3. Bodies by Rachel will investigate the complaint and endeavour to respond within 14 Business Days.

  9. Risk Warnings and Disclaimers
    1. You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in Programs you may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles,  tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:
      1. known or unknown health problems or previous injuries;
      2. pregnancy;
      3. engaging in activity which is too strenuous for your level of fitness and health;
      4. tripping or slipping – including over fitness equipment both at home and in a gym; and
      5. attempting an activity which is beyond your exercise capability.
    2. You understand that the exercise and meal and nutrition plans are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Program.
    3. Bodies by Rachel does not guarantee that the Website and APPs will function on any particular device and Customers acknowledge and agree that the Website and APPs  may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.

  10. Our liability to Customers
    1. (Statutory Guarantees):  The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
      1. are rendered with due care and skill;
      2. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
      3. are supplied within a reasonable time (when no time is set).
    2. (Permitted exclusion):  However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees.  Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.  In the previous sentence, “injury” means:
      1. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
      2. the contraction, aggravation or acceleration of a disease; or
      3. the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
    3. (Reckless conduct):  The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
    4. Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot be lawfully excluded, restricted or modified.
    5. Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement.  In particular, but subject to the preceding paragraph, we are not liable for:
      1. negligence;
      2. breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
    6. Bodies by Rachel will not be liable for any loss or injury attributable to:
      1. your fault;
      2. a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a Program);
      3. any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, an APP or your downloading any material such as e-books or other material on the Website, or any website linked to it;
      4. the conduct or actions of Customers online or offline or their use of the Website or APPs;
      5. the suitability of a Program purchased by you;
      6. unauthorised access or use of your Account by third parties;
      7. any website links contained on the Website or an APP to external organisations or advertisements or the use of such an external organisation’s website or App. Parent; or
      8. events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
    7. We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.

  11. Warranties (by Customers)
    1. You represent and warrant to Bodies by Rachel that:
      1. you are 18 years old or over;
      2. you have sought and obtained advice from your medical practitioner before commencing any Program or following any meal plan or nutrition guide supplied by us;
      3. all information and documentation provided to Bodies by Rachel from time to time is true and accurate and not misleading in any respect;
      4. you will exercise in a place which is safe and suitable for the Program; and
      5. you will abide by these terms and conditions at all times.
      6. you will be responsible for the management of any food allergies or intolerances

  12. Limitation/exclusion of liability
    1. Customers acknowledge and agree that Bodies by Rachel excludes all liability to Customers to the maximum extent permitted by law including the Australian Consumer Law contained in the Competition and Consumer Act 2010.
    2. All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
      1. negligence or fault of Customers;
      2. the acts or omissions of a third party unconnected with the provision of goods or services by Bodies by Rachel;
      3. any defect in or complaint about the quality, suitability or availability of a Program;
      4. delays in the functionality of, or inability to access the Website or an APP (and to this end Bodies by Rachel does not guarantee or warrant that the Website or the APP will be uninterrupted or error fee); and
      5. any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.
      6. we are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
    3. Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
    4. Bodies by Rachel will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website or APP or other goods or services provided in connection with or referable to the Website and any Program.

  13. Indemnity
    1. Customers agree to indemnify and hold Bodies by Rachel and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
      1. a Customer’s use of the APP or participation in Programs;
      2. use of products purchased through the Website;
      3. a Customer’s breach of these terms and conditions;
      4. our use of your Customer Content;
      5. a Customer’s breach of duty of care, or negligence towards another Customer; or
      6. a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.

  14. Notice
    1. We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Customers may give notice to us by email to coaching@bodiesbyrachel.com.au.

  15. Assignment
    1. Bodies by Rachel may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer. 
    2. Bodies by Rachel may transfer ownership of the Programs, APPs, and the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of Bodies by Rachel or its business and assets.

  16. Severance
    1. If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

  17. Entire Agreement
    1. These terms constitute the entire agreement between Bodies by Rachel and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.

  18. Intellectual Property and Ownership
    1. The APP, the Bodies by Rachel logo and trademarks, the Brand and these terms and conditions, the content of Programs, meal plans and nutrition guides and e-books and any materials we provide to you in connection with the APP or a Program (Bodies by Rachel Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
    2. You undertake not to copy, publish or reproduce in whole or in part, the Bodies by Rachel Intellectual Property except as is expressly permitted by these terms and conditions.

  19. Governing laws
    1. These terms and conditions will be governed by and construed in accordance with the laws of the state of Queensland, Australia.
    2. All parties hereby submit to the jurisdiction of the Courts of Queensland, Australia.

  20. Your acknowledgements and consents
    1. By registering an Account you acknowledge and agree that:
      1. you have read and understood these terms and conditions and agree to be bound by them;
      2. you are responsible for all costs incurred by you with respect to your usage of the Programs, e-books, and APP’s on a mobile device including data usage fees and other telecommunications fees; 
      3. you give permission for Bodies by Rachel to disclose your personal information in accordance with these terms and conditions; and
      4. you consent to receiving any communications from us as outlined in section 5 above however you may opt out at any time.

  21. Definitions
    1. In these terms and conditions the following words have the following meanings:
      1. Account means a Customer Account registered through the Website or in the APP;
      2. Bodies by Rachel Intellectual Property has the meaning given to it in clause 18.1 above;
      3. Brand means the distinctive appearance, image, goodwill and reputation that attaches to the Website, APP’s and all other materials supplied through the Website, the Bodies by Rachel trademarks and the application of the trademarks and the Bodies by Rachel Intellectual Property to goods, services and premises and includes the distinctive image, Brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, the APPs and goods and services provided through the Website;
      4. Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Queensland, Australia;
      5. Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
      6. Customer means any person who registers an account on the Website;
      7. Customer Content means any words, images, links or other content posted by a Customer on the Website, any APP, Facebook or any other social media forums; and
      8. Privacy Policy means the Bodies by Rachel privacy policy displayed on the Website from time to time.

Rachel’s 8 Week Program