Attobility Pty Ltd. (“Attobility”) respects the privacy rights of our users and are committed to protecting their information. Attobility has adopted this privacy policy (“Privacy Policy”) in accordance with the Privacy Act (1988) and the Australian Privacy Principles (APPs) put in place by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988.The Privacy Policy describes how Attobility handles the collection, security, quality, use and disclosure of an individual’s or a business’s information. We try our best to keep the same Policies for our Joint Ventures and partner websites too but cannot guarantee that it will always be the same. These policies may differ with respect to applicable Laws and regional restrictions/policies.

1. Information Collection and its use

“Personal Information” has the meaning as defined in the Data Privacy Acts and/or Laws applicable to you. It includes any information or an opinion relating to you (including information or an opinion forming part of a database, such as your name, phone number, social media name, postal address, email address, details of products or services you have purchased, payment details and information about your access to our Website and apps), whether true or not, and whether recorded in a material form or not, through which your identity can reasonably be ascertained.

1.1 Collection:

We collect personal information only when you register to our site or app as a member. A member choosing to register and submit any information to Attobility gives Attobility the right to store this information on our servers located in USA, Australia, Europe and Asia.

Our collected information includes:

  1. first and last names, email address and date of birth (mandatory information required while registering an “account” with Attobility);
  2. any other information submitted to Attobility such as gender, weight (as described in sensitive information section below), country of residence, home address, telephone number and any preferences (e.g. language) in your User Account;
  3. health information (as described in sensitive information section below) including health information generated by the devices (e.g. smart watches) that you connect to the Attobility App;
  4. your physical conditions and lifestyle activity data you may provide to Attobility;
  5. your workout/fitness activity results and progress generated through your use of the Attobility App (e.g. workouts completed, duration), including activity data generated by the devices (e.g. smart watches) that you connect to the Attobility App;
  6. information about yourself that you may share on community forums and chats;
  7. information you may choose to provide to us (e.g. workout reviews, feedback about app activities, member surveys);
  8. information obtained via your direct correspondence with us or via communication directed to us through letters, emails, chat services, calls, and social media (e.g. you tag, use a hashtag or link that directs the post to our attention);
  9. information obtained by your use of certain services or features on the Attobility website or apps (e.g. your workout schedules, sharing your fitness activities with friends through social media platforms), your photos, videos, audio, contacts and calendar information, as well as your social network information (including any information from your public posts about Attobility);
  10. payment information, such as your transaction details, if you purchase some products or services directly on the Attobility website or apps;
  11. information about the identity of someone, if a referral is sent by you to that person, or you are being referred to us by someone;
  12. any other information that is obtained from your interaction with our sites and apps, depending on your permissions, which may include:

  1. Services,
  2. Content and Advertising
  3. Computer and connection information
  4. Statistics on visits,
  5. Traffic to and from the sites
  6. IP address and standard web log information
  7. Any other relative information, if you have enabled ‘cookies', ‘web beacons' and/or other technologies

Sensitive Information – Users may choose to enter health information into the Attobility App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. If we collect sensitive information about you, we will only do so with your consent, unless consent is not required by law. Sensitive information is defined in the Privacy Act and includes information about your membership in a professional association, health or genetic information, racial or ethnic origin and some aspects of biometric information.

Attobility will collect your personal information directly from you (either directly through your use of the website or apps or when you communicate with us in any other way) unless it is unreasonable or impracticable to do so. Attobility may collect your personal information indirectly through third party partners who provide products and services to Attobility members or registrants. Attobility may collect your information from third parties to conduct credit checks or make credit reports and any information that would assist us deciding on continuation of membership of a member in case of a dispute or otherwise. Attobility will, whenever reasonably possible, make you aware about the indirect collection of your personal information and circumstances of that collection. Attobility may also collect information from you automatically when you visit our website or apps – for more information, please refer to our Cookie Section.

You do not require to identify yourself when you communicate with us (e.g. enquiring about membership or registration) but there are certain situations where we will only do business with individuals who identify themselves (e.g. providing fitness services). However, if you choose not to provide the personal information requested, we may not be able to provide you with the products/services you require or there might be limited access to the products or services provided.

1.1.1 Unsolicited personal information

If we receive unsolicited personal information about you, we will, within a reasonable period after receiving the information, determine whether or not we could have collected the information under the privacy laws if we had solicited the information. If we could have collected the personal information, we will ensure that this Privacy Policy is complied with in relation to that information and will notify you:

  • that the unsolicited personal information has been collected;
  • the circumstances of that collection; and
  • refer you to this Privacy Policy.

If we could not have collected the personal information, had we solicited it, we will destroy the information or ensure it is de-identified as soon as practicable.

1.2 Use of Information

We may use your Collected Information to service your Account with us, including but not limited to:

  1. provide the products and services to the users of the website and apps;
  2. manage customer support and our relationship with you to improve our services and enhance your experience with us;
  3. operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance and development of our website and apps, or in order to deal with a dispute or claim;
  4. administer and manage the services including billing and collecting fees and debts
  5. verify your information and identity, and to protect against and prevent potential fraud and other unlawful and prohibited activities;
  6. enforce our User Agreements
  7. depending on user permissions, or as otherwise permitted by applicable Data Privacy Law, guide our users on segmented and targeted marketing including news concerning our products, services, events and other promotions;
  8. we may also use your Personal Information in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law

2. Disclosure of Information

We may disclose your personal information to the following third parties for the purposes described in this Privacy Policy:

  1. if you have chosen to use certain services or features on the Attobility website or apps (e.g. your workout schedules, sharing your fitness activities with friends through social media platforms), with the other users of the websites and apps;
  2. external service providers to whom we have contracted out functions, such as mailing houses, advertising agencies, but only for the purpose of providing the service we have contracted out;
  3. our business partners that provide products and/or services to our members and/or users;
  4. if you have joined us through a referral link sent to you by someone, that contact may be informed that you have joined us and be provided with a benefit for sending the referral;
  5. if you choose to post information in the public forum, chats etc. the information that you share will be public information which can be viewed by anyone;
  6. government and regulatory authorities and other organisations, as required or authorised by law;
  7. our professional advisors;
  8. our related companies;

Attobility prohibits the third-party contractors from using personal information about you except for the specific purpose for which we supply it. We will not disclose your personal information to business partners as described in this section above, if you advise us that you do not wish us to. Please refer to our contact details set out below for such communications.

Other than the above, we will not disclose your personal information without your consent unless disclosure is either necessary, authorized or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity or serious misconduct, to lessen or prevent a serious threat to the life, health or safety, to identify, contact or bring legal action against someone who may be in a position to cause any harm to Attobility, its partners or a legal entity in any country around the world.

3. Co-Branded Relationships

We have established relationships with other parties to offer you the benefit of other products and services which we ourselves do not offer. We offer you access to these other parties either through the use of hyperlinks to their sites from our Site, or through offering "co-branded" sites in which both ourselves and these other parties share the same uniform resource locator, domain name or pages within a domain name on the Internet. In some cases you may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The privacy policy of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read that policy before responding to any offers, products or services provided by such other parties.

4. Cross-border disclosure of personal information

The Personal Information collected by Attobility from users will be stored on our servers located in USA, Australia, Europe and Asia and might also be shared with third party information recipients (e.g., e-commerce and financial gateway providers) that are not located in the country of user. We take measures to protect your personal information as described in this Privacy Policy and in compliance with applicable Data Privacy Law. We also require all third-party data recipients (including our service providers) to process your information in a secure manner and in accordance with the applicable Data Privacy Law. You therefore acknowledge that, the Personal information that you provide to us may be transferred internationally to countries other than the country in which you initially provided your information and that governments, courts, law ‎‎enforcement or government or regulatory agencies in Australia and foreign jurisdictions may be able to ‎‎access or obtain disclosure of your personal information under a lawful order or otherwise through the ‎‎laws of the foreign jurisdiction, irrespective of the safeguards we have put in place for the protection of ‎‎your personal information.‎

5. Cookies

A cookie is a small file placed on your computer from our web pages. If you do not de-activate or delete cookies, each time you use the same computer to access our site, our web servers will be notified of your visit to our site.

We use "cookies" to help analyze:

  1. Our web page flow
  2. Identify our users
  3. Customize our services, content and advertising
  4. Measure promotional effectiveness
  5. and promote trust and safety
  6. A few important things you should know about cookies are that:

  7. We may offer certain features that are available only through the use of cookies;
  8. We use cookies to help identify you and maintain your signed-in status;
  9. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session;
  10. You are always free to decline our cookies if your browser permits, doing so may affect your experience while using our web pages or services;

You may encounter cookies from our partners on certain pages of the sites that are controlled by our partners only and we may not have any control over them. Accepting them, you exhibit your readiness to accept their cookies too.

6. Security Measures

We provide commercially available reasonable security methods and we expect our members to secure their username/passwords themselves to prevent Un-authorized access to their own PCs and user accounts.

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secured. As a result, while we try to protect your information, no web site or company, including ourselves, can absolutely ensure or guarantee the security of any information you transmit to us and you do so at your own risk.

7. Access to, and correction of personal information

You have a right to request access to the personal information about you that we hold by making a request in writing to Attobility. We will respond to your request within a reasonable period after the request is made. While you will generally not be required to pay a fee to access your personal information, we may charge a reasonable fee if your request for access is clearly completely unfounded, excessive or decline to comply with such requests where permitted by applicable Data Privacy Law.

To modify/update your information with us, login to your account and do so from Account settings section. You have the right to request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We will respond to your request, free of charge, within a reasonable period after the request is made. In case of refusal of request, we will provide the reason for that unless we believe it to be unreasonable and impracticable to do so under the provisions of data privacy law.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it and to prevent unauthorised modification of your personal information.

You also have the right to lodge a complaint about our processing of your personal information with the body regulating data protection in the country or state / province in which you live.

8. Withdrawal of Consent

Where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time by contacting us using the contact details below. You can also withdraw your consent for the processing of your health information within the menu of the App. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.

9. Information about Minors

If you are under 14 years of age or a minor in your country of residence, please seek your legal guardian’s permission to use or access the Attobility Apps and services. Attobility takes children’s privacy seriously and encourages parents and/or guardians to always play an active role in their children’s online experience. Attobility does not knowingly collect any personal information from children below the aforementioned age and if Attobility learns that they have inadvertently gathered personal data from children under the aforementioned age, Attobility will take reasonable measures to promptly erase such personal data from its records.

10. Changes to Privacy Policy

Any changes to this Privacy Policy will be communicated through our posting an amended and restated Privacy Policy on our Site. Our posting the amended and restated Privacy Policy will make such new Privacy Policy immediately effective. You agree that all Collected Information (whether or not collected prior to or after the new policy became effective) will be governed by the newest Privacy Policy then in effect.

your information with us, login to your account and do so from Account settings section.

11. Feedback

We welcome your feedback on our Privacy Policy or any other link concerning you or our other users; please don’t hesitate to contact us on:

info@attobility.com