mTOR tek Pty Ltd (ACN 648 449 521) is a company incorporated in Australia. In this Privacy Policy we will refer to mTOR tek as “mTOR tek”, “we”, “us” and “our”.
The website www.mtortek.com.au (“the Site”) is owned and operated by mTOR tek.
This is mTOR tek’s Australian Privacy Principles’ privacy policy. We respect your privacy and are committed to protecting it through our compliance with this privacy policy. It explains how mTor Tek approaches the important issue of privacy and the management of your Personal Information.
Please contact mTOR tek’s Privacy Officer (details are at the end of this Privacy Policy) if you require any further information regarding our Privacy Policy.
mTOR tek’s purpose with all its software products and services is to support personal trainers, gym owners and fitness businesses (as well as their members/customers/athletes) to achieve their goals. Specifically, mTOR tek has created the mTOR tek TM software solutions, application and related products & services (collectively “the Services”).
Further this privacy policy applies to information we collect:
- in email, text, and other electronic messages between you and mTOR tek.
- when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this privacy policy.
By choosing to participate in the Services and or by using the Site, you consent and agree to the Privacy Policy of mTor Tek as follows:
The Australian Government introduced updated legislation in 2014 its Privacy Act (1988), to further enhance the protection and handling of an individual’s privacy and personal information. These principles replace the previous National Privacy Principles that operated from 2001. You can find out more about the Australian Privacy Principles by calling the Office of the Australian Information Commissioner on 1300 36 39 92 or through their website at www.oaic.gov.au.
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
mTOR tek respects and upholds your right to privacy protection under the Australian Privacy Principles in regulating how we collect, use, disclose and hold your Personal Information. We have a detailed policy and set of procedures to ensure that only authorised staff have access to your personal information, that it remains confidential and is only used for appropriate purposes and in accordance with this notice.
In addition to the Australian Privacy Principles, individuals located in the European Union (EU) may also have rights under EU based rules known as the General Data Protection Regulation (GDPR). The GDPR has harmonised the data privacy laws of each individual EU country, giving more rights to individuals located in the EU and more obligations to organisations holding their personal information.
Details of additional rights of individuals located in the EU and how we meet them are outlined in the relevant section below
When you use our Services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you a visited a certain page, saw a specific ad for a certain period of time. Here’s a fuller explanation of the types of information we collect when you use our services:
- Usage Information. We collect information about your activity through our Services. For example, we may collect information about:
- how you interact with our Services or which queries you submit.
- how you communicate with your clients (e.g. if you are an personal trainer using our Services).
- Content Information. We collect content, queries and responses that you engage with via our Services and Sites, such as custom content, and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
- Device Information. We may collect general and technical information from and about the devices you use. For example, we collect:
- information about your hardware and software - such as the hardware model, operating, , system version and patch-level, device memory, primary screen dimensions & resolution and screen count, antivirus and malware systems, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone;
- information from device sensors, such as accelerometers, gyroscopes, compasses, microphones, and whether you have headphones connected; and
- information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength.
- Location Information. When you use our Services we may collect information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, mobile/cell phone towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.
- Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you interact with Services we may offer through one of our partners, such as advertising and commerce features.
Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our Services. To learn more about how we use cookies and your choices, please check out our “Cookie Policy”. To learn more about how third parties use these technologies on our Services, be sure to read the “Analytics” section of our Privacy Policy.
- Log Information. We also collect log information when you use our Sites or Services. That information includes, among other things:
- details about how you have used our Services.
- device information, such as your web browser type and language.
- access times.
- pages viewed
- IP address.
- identifiers associated with cookies or other technologies that may uniquely identify your device or browser.
- pages you visited before or after navigating to our website
We may collect information about you from other users, our affiliates, and third parties.
Your personal and sensitive information is only collected as is necessary for a function or activity, or to enable us to carry out our work and deliver our Services.
We may use your personal information to send you information about our work or to let you know about our Services. Each time we send you a direct marketing communication we will provide you with a simple way to “opt out” of receiving similar communications in the future.
You can also let us know that you do not wish to receive any further communications by contacting mTOR tek’s Privacy Officer
mTOR tek will not collect sensitive information about health, racial or ethnic origin, political opinions or membership, religious or philosophical beliefs, trade association or union membership, sexual preferences or criminal record unless you have consented to give this information and it is relevant to our work and Services.
We will always collect such information in a non-intrusive, lawful and fair manner. We will offer you the option of not identifying yourself or of using a pseudonym where it is practical to do so.
If you want to change any information that you have previously given us, or if you want to opt out of future communications please contact mTOR tek’s Privacy Officer as detailed below.
We collect your personal information when you provide it to mTOR tek in a number of ways including but not limited to
- directly from you e.g. through the Site, job application or resume, or application forms;
- as authorised by you providing us with your personal information (subject to your preceding authorise consent to such e
- by voluntary completion of surveys or forms;
- your search queries on the Site
- from public domain e.g. your business website
- from authorised third-party data sources and data lists for the purposes of conducting our Services;
- from your business partners/associates and employers; and
- by your usage of the Sites e.g. the pages that you visit, what links you click by contacting us by post, telephone, email, or other electronic methods.
In some cases, you might provide Personal Information to us by entering it into our cloud-based Services because you want us to host that information for you. Alternatively, your information may be disclosed to us by an organisation with whom you interact and to which we provide a cloud-based Service.
When we collect or hold Personal Information in this way, it is only used or disclosed for the purpose contemplated by you or the organisation that has disclosed that information to enable us to provide the work or Services sought
Personal information may be stored on our web servers but will only be accessed by us to provide technical support, or to carry out other functions reasonably necessary to provide the work or Services. This Personal Information will not be disclosed in any other way without the individual’s written consent.
We use, in addition to our own proprietary technologies and systems, various third-party software and technologies including but not limited to: TeamViewer and GoToMeeting to deliver some of our Services.
Please also note, owing to the ever-changing nature of technology and to provide optimal support to you, we may use different third-party support software and platforms from time to time. To that, any such data stored or processed will also subject to the privacy policies of those relevant individual third parties and platforms as may vary.
We may use your Personal Information to the extent that is reasonably necessary to carry out the Services including for the following purposes:
- to improve our Services and the Site;
- to notify you about changes to our Site or any products or Services we offer or provide though it;
- to provide you with information, products, or services that you may request from us;
- to provide you with notices about your account or orders;
- to provide personalised and direct marketing content to your email address, mobile phones, portable computing and other digital technology devices;
- to compile analytics in sizing or quantifying market opportunity;
- speed up your searches;
- recognise when you return to the Site;
- to predict market opportunity forecasting and resource allocation;
- to disclose to other businesses who assist us or our customers in providing services or who perform functions on our customers’ behalf;
- to conduct credit checks (if and where necessary);
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- in any other way we may describe when you provide the information
- to fulfill any other purpose for which you provide it; and
- for any other purpose with your consent
Our premises are in a secure building with restricted access. Our IT systems are password protected and we conduct regular audit and data integrity checks.
We frequently update our anti-virus and malware software in order to protect our systems (and the data contained in those systems) from computer viruses. In addition, all our employees are required, as a condition of employment, to treat personal information held by mTOR tek as confidential.
As a progressive technology business, we whilst we currently retain our database on our secure in-house premises server, most of our business data (including your Personal Information) may be stored in secure remote, “Cloud” or offsite servers such as, but not limited to Google Cloud Platform (GCP) platform. These cloud servers may be situated outside of Australia.
If we store your Personal Information on a remote, “Cloud” or offsite server we will endeavour to protect your Personal Information through security measures such as password protection and encryption.
We retain and store your Personal Information (whether onsite, offsite or on the Cloud) indefinitely, unless you instruct us otherwise.
We may destroy or de-identify the Personal Information provided by use as soon as practicable, once it is no longer needed for Services. However, we may in certain circumstances be required by law to retain Personal Information after our Services have been completed.
In this case, the Personal Information will continue to be protected in accordance with this Privacy Policy. If we destroy Personal Information we will do so by taking reasonable steps and using up-to-date techniques and processes.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose your Personal Information to third parties but only for the purposes of providing the Services and for the purposes contemplated by your use of the Site.
These third parties may include:
- other digital technology services and platform-providers (worldwide);
- our partners, agents or contractors (worldwide);
- data collection and marketing providers (worldwide);
- our related entities; and
- our professional advisers.
We may disclose your personal information:
- when specifically authorised by you;
- We may disclose personal information that we collect or you provide as described in this privacy policy:
- to our subsidiaries and affiliates, including but not limited to individual gyms and customers.
- to contractors, service providers, and other third parties we use to support our business
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of mTOR tek’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by mTOR tek about our Services and/or Site users is among the assets transferred.
- to fulfill the purpose for which you provide it.
- for any other purpose disclosed by us when you provide the information.
- with your consent, to regulatory bodies and government agencies;
- to training partners;
- to your guardian; and
- as required by law or court order.
We may disclose personal information for the following purposes:
- to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of mTOR tek, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- reporting to government agencies;
- to comply with training requirements;
- to comply with regulatory or legal requirements;
- credit reporting and checks; and
- to comply with laws or court orders.
When we disclose your Personal Information with a third party, we will require the third party to handle your Personal Information in accordance this Privacy Policy and the Australian Privacy Principles.
mTOR tek may sometimes use third party service providers to conduct surveys and facilitate information collection. Some of these service providers conduct all or part of their business overseas and so your personal information may be transferred overseas as a result. mTOR tek conducts a due diligence process before entering into an agreement with these service providers and will take all reasonable steps to ensure that your information is not used in a manner inconsistent with the Australian Privacy Principles.
Web traffic information is disclosed to Google Analytics when you visit our Site. Google stores information across multiple countries. When you communicate with us through a social network service such as Facebook or Twitter, the social network provider and its partners may collect and hold your personal information overseas.
Our Site may use ‘cookies’ to improve your experience on our sites, to display content more relevant to you within the Site, and to display items added while using online facilities. If you are concerned about the use of these cookies, your browser can be configured to notify you when you receive a cookie, and provide you with the opportunity to accept or reject it. You may refuse all cookies from mTOR tek’ Sites, however some functions may be unavailable
Our Site may use statistical information collection tools (such as Google Analytics) to track site visits, navigation and performance within our Site for the purpose of monitoring and improving the site. If you are concerned about the use of these tools, you can configure your browser to send a "Do Not Track" request with your browsing traffic.
Our Site may also use third party cookies and Google Analytics Advertising Features including: Remarketing with Google Analytics, and Google Analytics Demographics and Interest Reporting.
Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. Further information regarding behavioural advertising, including ways to manage your online privacy, is available at www.youronlinechoices.com.au
Where you provide your email address to mTOR tek we will only use it for the purpose provided unless you have consented to us using it for additional purposes, and we will not pass it on to any other person or organisation unless we have disclosed this to you. We may also disclose your information where required by law to do so
Our Site may contain links to other sites of interest. We do not control, and are not responsible for, the content or privacy practices of those websites. Please check the Privacy Policies on other websites before you provide your personal information to them.
By using our Site or Services, you acknowledge and agree that the internet is inherently insecure and that you use the internet at your own risk. You acknowledge that you do not hold mTOR tek liable for any security breaches, viruses or other malicious software that may infect your computer or other internet browsing device, or any loss of data, revenue or otherwise that may occur as a result of using our Sites
We strive to ensure the security of your Personal Information and we take reasonable steps to protect your Personal Information from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
We will review and update our physical and data security measures in light of current technologies. Unfortunately, no data transmission over electronic, mobile data and communication services can be guaranteed to be totally secure.
For security purposes, any Personal Information that we receive and/or provide to third parties will be password protected.
In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality of any Personal Information held by us.
We will do everything reasonably within our power and control to prevent unauthorised use or disclosure of your Personal Information. However, we will not be held responsible for events arising from any unauthorised use or access to your Personal Information.
Certain sections of our Site are secured using industry-standard SSL/TLS technology to encrypt data between your browser and the Sites
We may use social networking services such as Facebook, LinkedIn and Twitter to communicate with you and the public about our Services. When you communicate with us using these social networking and digital media services we may collect your personal information, but we only use it to help us to communicate with you and the public.
The social networking and digital media services will also handle your personal information for its own purposes. These services have their own privacy policies. You can access the privacy policies for Facebook , LinkedIn, Instagram and Twitter on their websites.
Our Site and Services is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16
If you are under 16, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Site or our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 16 without verification of parental or legal guardian’s consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@mtortek.com
We adhere to the Spam Act 2003 (Cth). The Spam Act prohibits the sending of unsolicited emails, SMS and MMS messages for commercial purposes from or within Australia or to people in Australia. The Spam Act also bans the supply and use of software designed to harvest email addresses.
The EU General Data Protection Regulation (GDPR) has harmonised the data privacy laws of each individual EU country, giving more rights to individuals located in the EU and more obligations to organisations holding their personal information. In this section, “personal information” means any information relating to an identified or identifiable natural person (the meaning given to the term “personal data” in the GDPR).
Personal information must be processed in a lawful, fair and transparent manner. As such, if you are located in the EU, the GDPR requires us to provide you with more information about how we collect, use, share and store your personal information as well as advising you of your rights as a “data subject”.
If you are located in the EU and have an enquiry relating to your rights under the GDPR, please contact our Privacy Officer at privacy@mtortek.com
Please refer to the above section headed “The Personal Information We Collect, and Why We Collect It” for details of the personal information we collect
The GDPR provides additional protection for personal information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, biometric data (for example your fingerprints), or data concerning your health, sex life or sexual orientation. We will only process this type of personal information with your consent or where otherwise lawfully permitted.
We will keep your personal information while you are a customer of mTor Tek. We aim to keep your personal information for only as long as we need it.
We generally keep your personal information for up to 7 years after you stop being a customer but we may keep your personal information for longer to fulfil legal or regulatory obligations, for internal research and analytics, or to respond to a question or complaint.
We can only collect and use your personal information if we have a valid lawful reason to do so. For mTOR tek, these reasons are:
- if we need to process your personal information in order to fulfil a contract you have with us, or because you have asked us to take specific steps before entering into a contract (contract performance);
- if we need to process your personal information for us to comply with the law (legal obligation);
- if you have given clear consent for us to process your personal information for a specific purpose (consent); and
- if we need to process your personal information for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal information which overrides these legitimate interests (legitimate interests).
In the table below, we have set out the relevant grounds that apply to each purpose of data processing that is mentioned in this Privacy Policy:
| Purposes of the data processing | Reasons/ uses |
|---|---|
| To provide and administer our Services |
|
| For marketing purposes |
|
| To provide customer support |
|
| To comply with our legal obligations |
|
| To conduct market, consumer and other research |
|
| To ensure website content is relevant |
|
You have the following rights with respect to the personal information we hold about you.
You have the right to be informed how your personal information is being collected and used. If we require your consent to process your personal information you can withdraw consent at any time. If you withdraw consent, we may not be able to provide certain services to you. The right to withdraw only applies when the lawful basis of processing is consent.
You can access your personal information that we hold by emailing our Privacy Officer at privacy@mtortek.com
You have the right to question any personal information we have about you that is inaccurate or incomplete. If you do, we will take reasonable steps to check the accuracy and correct it.
You have the right to ask us to delete your personal information if there is no need for us to keep it. You can make the request verbally or in writing. There may be legal or other reasons why we need to keep your personal information and if so, we will tell you what these are.
You have the right to ask us to restrict our use of your personal information in some circumstances. In this situation we would not use or share your personal information while it is restricted. This is not an absolute right and only applies in certain circumstances.
In some circumstances you have the right to request we provide you with a copy of the personal information you have provided to us in a format that can be easily reused.
In some circumstances you have the right to object to us processing your personal information.
We sometimes use systems to make automated decisions (including profiling) based on personal information we have collected from you or obtained from other sources such as credit reporting bodies. These automated decisions can affect the services we offer you. You can ask that we not make decisions based on automated score alone or object to an automated decision and ask that a person review.
You have the right to complain to the regulator if you are not happy with the outcome of a complaint. Please refer to the European Commission Website for details of the relevant data protection authorities. The individual regulator’s websites will tell you how to report a concern.
Please note that while any changes you make to your personal information will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You may decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of our services.
mTOR tek may, without notice, amend or modify this Privacy Policy by posting the amended Privacy Notice to our Sites.
If you have any complaints, questions or concerns about what information mTOR tek holds or about the accuracy of that information, please contact mTOR tek’ Privacy Officer.
If you would like to access the information that we hold about you, or to complain about a possible breach of the Australian Privacy Principles, you can write to mTOR tek’ Privacy Officer at the address provided below.
We will respond to your complaint or endeavour to give you access to the information requested within two weeks. In order to maintain the confidentiality of your personal information, we will ask you to meet with you so we can review your specific identification documents before we give you access. If it is not practical for you to meet us in person, we will arrange to check your identification before we mail the information out to you.
If the information that we hold about you is incorrect or not up-to-date, we will update it as soon as possible after you have shown us how and why it is incorrect.
In the unlikely event that we are unable to provide you with access to your personal information for legal reasons as specified in the Privacy Act, we will provide you with reasons for denying access.
If you are not satisfied with mTOR tek’ response to your complaint, question or concern, you may wish to lodge a complaint with the Office of the Australian Information Commissioner. Further information can be found on the Commissioner’s website or by calling 1300 363 992.
We are committed to providing an accessible experience for users of our Site. If you encounter any difficulties with our Site, please direct your enquiry to privacy@mtortek.com .
mTOR tek’s Privacy Officer can be contacted by:
Phone: 0432 975 535
Email: privacy@mtortek.com
Postal Address: 3 Facey Court Huntingdale 6110 WA
Office Address: 3 Facey Court Huntingdale 6110 WA