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Privacy policy

Effective Date: 24 November, 2021


At CUSTOM BODY Fitness & Nutrition Pty Ltd, we respect the concerns of our customers, online visitors, mobile application users, and business partners (“customers”, “you,” or “your”) about your personal information and value our relationship with you.


This Privacy Policy applies to information collected by CUSTOM BODY Fitness & Nutrition Pty Ltd, ABN 648 335 380 (“Custom Body,” “we” or “us”), offline or online, including the websites and mobile applications that post a link to this Privacy Policy (collectively, our “Sites”).


This Privacy Policy explains the types of personal information we collect, how we use and process personal information, the legal basis for processing, and with whom we share personal information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists, or get answers to questions you may have about our privacy practices. Please read this Privacy Policy carefully. By continuing to interact with our Site or providing personal information to us after having an opportunity to review this Privacy Policy, you are agreeing to the practices described in this Privacy Policy. This Privacy Policy is incorporated by reference into the Terms of Use posted on our Sites.


Privacy Act

Our business is bound by the Privacy Act 1988 (the Act) and the Australian Privacy Principles (APP). Our business is an APP entity as defined in s 6(1) of the Act.

We collect and hold personal information relating to our clients and to other people and entities associated with our clients as may be provided or disclosed to us in the course of business. Such personal information may include, but is not limited to, names, tax file numbers, addresses, telephone numbers, social media details, email addresses, occupations, wage records, bank account details, asset and investment details, financial planning records, taxation records, medical records, and relationship details.

Fitness and Exercise Data. If you track your exercise sessions by registering to use our mobile applications, we may ask for your name, e-mail address, and mobile phone number, date of birth, and weight. You also may elect to input data about your physical condition, fitness facility, workout results and progress, and language preference. As you exercise, the mobile application will collect and analyse performance metrics such as daily activity data, energy levels, daily/weekly calorie intake, sleep duration, stress levels, weight progress, body measurements, training data, photo galerry, which you will be able to download in report form. Your performance metrics will be shared with us.

Product Registration. From time to time, we may offer online product registration. If you register a Custom Body brand product you purchased online, we will ask for your name, email and postal address, dealer and product details, and optional demographic information. By registering your product online, you agree that we, our business partners, an authorised dealer/service provider, or third-party advertising agency may contact you in relation to the product registration for a variety of reasons including, but not limited to, providing product notifications, as required by law, for customer service and/or warranty assistance, to maintain Custom Body’s databases and business processes, and/or to contact you for purposes otherwise stated in this Privacy Policy.


Referral Service. From time to time, we may offer a referral service that allows you to inform your friends and other acquaintances about products and/or information contained on (or through) Custom Body’s website. If you elect to use such a referral service, the following will apply: email address(es) will be collected for the purpose of sending a one-time email for which you will be noted as the sender of such email. Custom Body will be a service provider facilitating such delivery.

E-mail and messaging. We use e-mail and, with your permission, text push notifications, to administer your account and to alert you to new features and offerings.

You may, at any time, choose to not receive promotional communications from us by using the “unsubscribe” feature provided in our e-mail marketing messages or by “opting out” or “unsubscribing” from specific mailing lists and services by contacting us.

If you unsubscribe from receiving these emails, you will still receive service notifications, technical issue alerts, and administrative messages that are not promotional in nature.

How is personal information collected?

Personal information is collected from our clients in the following ways:


  • by providing it to us directly;
  • by authorising third parties to provide it to us;
  • by other parties providing it to us either voluntarily or pursuant to compulsory processes we conduct on our client’s behalf.


How is personal information received and held?

Personal information may be received and held either as a hard copy, paper, or a soft copy being electronic data, in any available form. In either case, we take the security of personal information very seriously. We secure hard copy documents carefully in and out of our office. We use cyber-security systems to protect soft copy documents. We never ask for bank details or other sensitive information by email.


For what purpose is personal information collected, held, used and disclosed?

All data processed by the business is done on a lawful basis. The purposes for which we collect, hold, use and disclose personal information are:


  • to offer our products and services to our clients. In doing so we may disclose personal information to other people or entities involved in the provision of the product or service, such as government departments and individuals. Unless compelled by law, we will never disclose personal information without the client’s knowledge and consent;
  • to facilitate our internal and external administrative processes including financial and business operations and reporting requirements;
  • to develop a personal profile about you. We may use the personal information in your profile to respond to requests for financial options for purchasing products and services from us and to contact to you for marketing purposes;
  • to obtain, maintain and comply with the terms of our professional indemnity and other insurance policies; and
  • to comply with applicable laws.


We reserve the right to disclose and transfer all information related to our site, including personal data, to a subsequent owner, co-owner or operator of Custom Body or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.


How we use cookies?


A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.


We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.


Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.


You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.


Linking to social media accounts


If you connect your social media account (such as through Facebook Connect, Apple’s Game Center, Google Play Services or any other third party service) to your Custom Body`s mobile applications or account, you will automatically share certain personal information from your social media account with us, for example, your name, email address, photo, list of social media contacts, the opinions expressed (e.g., “Likes”) you have provided within our social media pages and any other information that may be accessible to us when you connect your social media account, in accordance with the preference and settings on your social media account, the platform’s terms of use and privacy policy, and this Privacy Policy.


Refer to the privacy settings in your social network account for information about what information is shared with us (and other connected applications) and to manage how your information is shared through your account, including information about your activities using our Site. If you would like to disconnect your social media account from Custom Body, you need to refer to the settings of that social media account and its provider.


How can personal information be accessed or corrected?

Clients may access their personal information and seek correction of it at any time by applying to our office in person or in writing.


Clients will be formally identified before releasing or amending any personal information. Contact us by clicking here or emailing us through one of the methods in the “How to Contact Us” section.


To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.


You will be notified of any actions taken on your personal information in response to a request submitted for modification, deletion, or restrictions on the processing of your personal information.


When data processing is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal. You also have a right to data portability when the data processing is based on a contract between you and Custom Body and the data was processed by automated means. You may exercise these rights by submitting a written request to  Custom Body will respond to your request within one month.


Is personal information disclosed outside of Australia?

Where necessary we will disclose personal information to overseas recipients, including a related body corporate. The likely countries that information might be sent to include countries of residency of our clients.


What is the complaints process relating to personal information?

If there is a breach of this privacy policy, either of the Act or the Australian Privacy Principles (APP), a complaint may be made by the client to:


  • our customer service team; or
  • the Office of the Australian Privacy Commissioner
  • an appropriate privacy or data protection regulator in your jurisdiction.


Data breaches

All staff are responsible for protecting the confidentiality of client information and business information. Refer any data breaches, or suspected data breaches, to the customer services team as soon as possible.


What is an eligible data breach?

An eligible data breach, defined in s 26WE(2) of the Act, is when:


  • both of the following conditions are satisfied:


  • there is unauthorised access to, or unauthorised disclosure of, the information;


  • a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates; or


  • the information is lost in circumstances where:


  • unauthorised access to, or unauthorised disclosure of, the information is likely to occur; and


  • assuming that unauthorised access to, or unauthorised disclosure of, the information were to occur, a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates;


If there is a suspicion of a breach


If we suspect that there has been an eligible data breach, a reasonable and expeditious assessment will be conducted within 30 days.


If we believe or have reasonable grounds to believe there has been a breach then a statement will be prepared setting out:


  • the business’s details;
  • a description of the breach;
  • the kind or kinds of information concerned; and
  • recommendations about the steps that we will take in response to it.


If practicable, we will advise the contents of the statement to each of the affected clients who may be at risk from the breach. If this is not practicable we will publish the statement on our website and take other reasonable steps to publicise its contents. Communications with individuals will be via their preferred communication method.


The statement will be submitted to the Privacy Commissioner.


Exception to reporting

Mandatory notification requirements are waived if remedial action can be taken that results in a reasonable person concluding that the access or disclosure is not likely to result in serious harm to any of those individuals.


Changes to the Privacy Policy


Custom Body may change this Privacy Policy from time to time, and at Custom Body‘s sole discretion. All changes hereto will be made available on this website, which is why we encourages customers to frequently check this site for any changes to this Privacy Policy. Changes hereto will not prejudice customers’ rights without their consent.


Contact Information


You may at any time contact us at the following address.


CUSTOM BODY Fitness & Nutrition Pty Ltd

ABN: 648 335 380

Address: PO Box 1459 Broadbeach, 4218 QLD Australia